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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

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