Lost in Translation: Non-english Fee Agreements
| Publication year | 2018 |
| Author | By Omar S. Anorga |
By Omar S. Anorga
Omar Anorga represents businesses and individuals with various legal problems, and he strives to always resolve these problems in a smart, and cost-effective manner. Mr. Anorga has vast experience with litigating legal disputes in both state and federal court. Lastly, The Anorga Law Firm, Inc., has a large stable of Spanish-speaking business owners, and Mr. Anorga is able to communicate with them in their native language.
Abilingual or multilingual attorney can be a valuable resource to your law firm. I have found that communicating with potential clients in their native Spanish language immediately promotes in them a sense of trust, comfort and confidence in my legal abilities.
Not only do language skills enhance the attorney-client relationship, but it also allows the attorney to increase his or her market-share by carving out a legal niche with a certain language-speaking community. Additionally, the globalizing economy is making it imperative for California attorneys to be able to communicate with individuals from all over the world, especially those in the Asian financial markets. More locally, Spanish is by far the most widely spoken language in California other than English. Without a doubt, California attorneys are leaving money on the table if they cannot communicate with potential clients in a language other than English.
Not surprisingly, state law requires certain fee agreements be translated from English into a different language. Acute knowledge of the requirements of Civil Code section 1632 et seq. is important before you sign up that next well-heeled foreign speaking client.
Civil Code section 1632 (b)(6) states that any attorney who negotiates legal services primarily in Spanish, Chinese, Tagalog, Vietnamese, or Korean, shall deliver to his or her potential client a written translation of the fee agreement in the language in which it was negotiated. This translation must be provided before the client executes the agreement.
Say an exclusively Spanish speaking potential client walks through your door seeking legal representation. During the client in-take, you and the potential client agree to the terms of the fee agreement. You present the potential client with your standard English written fee agreement, which the client signs. Now your firm has a valuable new matter. Under most circumstances, congratulations are in order; however, you have just violated Civil Code section 1632...
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