LSB December 2021 HR
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RISK WATCH<br />
translator (documents). Interpreting and<br />
translating are highly skilled occupations,<br />
often now undertaken with the benefit of<br />
specialist tertiary study. Furthermore, reputable<br />
interpreters adhere to a professional code<br />
of ethics, which emphasises the importance<br />
of professional competence, accuracy and<br />
independence.<br />
159. Second, assuming the role of interpreter<br />
or translator could put the solicitor in an<br />
invidious professional position. This is also<br />
why even a solicitor who is also a professional<br />
interpreter—if there are any—should not<br />
do so in her or his own cases. Difficulties may<br />
arise if the accuracy of the interpretation<br />
is questioned, raising the possibility of the<br />
solicitor having to give evidence. Allegations<br />
of unconscious or even conscious bias could be<br />
raised.”<br />
Whilst being a multi-lingual solicitor<br />
is unlikely to be a disadvantage it will not<br />
necessarily solve all the problems with<br />
language, particularly where documents<br />
for use in Court are concerned. Assistance<br />
from professional interpreters (even with<br />
the added cost and delay occasioned<br />
by their use) should be sought when<br />
appropriate.<br />
Of course, it is not just court<br />
proceedings which raise issues where<br />
language might be a difficulty. Language<br />
problems may arise in all areas of legal<br />
practice—commercial transactions and<br />
wills and estates are just two obvious<br />
examples. The February, 2022 Riskwatch<br />
article will deal with some of the issues<br />
that arise from CALD clients in nonlitigious<br />
matters.<br />
In the meantime, there is a checklist for<br />
working with culturally and linguistically<br />
diverse clients, and accompanying<br />
Acknowledgement to Interpreters, available<br />
to practitioners insured with the SA<br />
Professional Indemnity Insurance Scheme<br />
in the General Law document package<br />
in the Risk Management section of the<br />
Society’s website (requires login).<br />
Legal aid opens new office at Whyalla<br />
The Legal Services Commission has<br />
moved to a new office location<br />
in Whyalla to boost the delivery of its<br />
services in the Eyre Peninsula region.<br />
The office is located at 17A Forsyth<br />
Street, Whyalla. The Commission’s<br />
Whyalla office phone numbers and email<br />
addresses have not changed.<br />
“Our new Whyalla office is<br />
more than just a building,” says the<br />
Commission’s Director, Gabrielle Canny.<br />
“It’s a demonstration of our continuing<br />
commitment to the people in this<br />
important part of SA.<br />
“We have had an office in Whyalla<br />
since 1985 and we know it can be<br />
particularly tough for people dealing with<br />
legal problems in regional areas. They<br />
have fewer legal services to choose from,<br />
reduced access to courts and tribunals,<br />
plus increased travel expenses.<br />
“Many of our enquiries in this<br />
region relate to family law problems,”<br />
says Ms Canny. “Those enquiries are<br />
about the care of children, property<br />
disputes, intervention orders and divorce<br />
proceedings.<br />
“At our Whyalla office we also provide<br />
a mediation service that helps separated<br />
parents to reach out-of-court agreements<br />
regarding the care of their children and the<br />
division of property. In these negotiations,<br />
each parent is represented by a lawyer.<br />
“This Family Dispute Resolution<br />
mediation program is very successful.<br />
An agreement is reached by four out of<br />
every five couples who take part in this<br />
program.<br />
“We also handle a number of enquiries<br />
in the Whyalla region relating to consumer<br />
issues, debt, employment laws, traffic<br />
matters, Wills, criminal cases and landlord<br />
disputes.”<br />
In 2019, the Commission moved<br />
to new and improved premises at Port<br />
Augusta to boost its assistance to people in<br />
SA’s Upper Spencer Gulf. B<br />
<strong>December</strong> <strong>2021</strong> THE BULLETIN 29