How a Bad Translation Can Jeopardize a Court Case

In the legal world, precision isn’t optional, it’s everything. A misplaced word, a misunderstood sentence, or an inaccurate interpretation can have ripple effects that cost a client their case, freedom, or legal rights. Yet, language access is often treated as an afterthought, with many firms relying on bilingual staff, unvetted freelancers, or even family members to interpret or translate critical legal information.

This is not just a logistical misstep. It’s a legal liability.

In this article, we walk you through real-life case studies where bad translation or interpretation led to legal disaster, highlight the types of errors that commonly occur, and show how working with a qualified provider like Waves Language Solutions can prevent costly mistakes.

CASE STUDY 1: The Botched Deposition – $500K Settlement Lost

Background: A personal injury law firm representing a Spanish-speaking client relied on a bilingual paralegal to interpret a critical pre-trial deposition. The client was testifying about a workplace injury, describing how a scaffolding collapse led to chronic back pain. The interpreting paralegal, unfamiliar with legal terminology and under pressure, mistranslated key terms specifically describing “numbness” as “tingling” and “paralysis” as “stiffness.”

What Went Wrong: The opposing counsel used the inaccurate testimony to argue that the injuries were minor and inconsistent. The plaintiff’s credibility was weakened, and the case settled for less than half its expected value.

The Risk: Depositions are under oath and often recorded. Once a mistranslation enters the official transcript, it’s difficult to walk it back, even with corrections later. In this case, poor interpretation cost the client and firm over $500,000.

CASE STUDY 2: The Immigration Filing Error – Case Denied

Background: An asylum applicant from Haiti submitted a sworn declaration translated from Haitian Creole to English. The document described persecution by local gangs and threats of violence. However, the translation, done by an uncertified translator, contained grammatical errors and mistranslated idiomatic expressions, changing “they burned down my uncle’s house” to “my uncle was burning at home,” which raised suspicions with the USCIS adjudicator.

What Went Wrong: The translation didn’t align with the supporting evidence (photos of the burned property), and the adjudicator deemed the statement inconsistent and potentially fraudulent. The asylum case was denied, and the client was placed in removal proceedings.

The Risk: Immigration law demands absolute clarity and consistency. USCIS and immigration judges often scrutinize translations for accuracy and can reject or delay cases based on even minor discrepancies.

CASE STUDY 3: The Custody Hearing Misunderstanding – Parental Rights at Risk

Background: During a heated custody dispute in family court, a Mandarin-speaking mother testified through a remote interpreter. However, the interpreter who was not court-certified, struggled with legal terminology and cultural nuance. The mother was trying to explain that she allowed supervised visitation with the father, but the interpreter mistranslated it as “I don’t let him see the child.”

What Went Wrong: The judge, interpreting this as intentional obstruction, warned the mother she was at risk of losing custody. Only after a formal complaint and second hearing with a certified interpreter was the misunderstanding clarified.

The Risk: Court-certified interpreters are trained to handle high-stakes, sensitive content, especially in emotionally charged areas like family law. Unqualified interpreters can not only delay justice but actively work against your client’s best interest, even if unintentionally.

Common Errors in Legal Translation & Interpretation

• Literal Word-for-Word Translation: Legal meaning often lies in context, not individual words. A literal translation may be grammatically correct but legally inaccurate.

• Unfamiliarity with Legal Concepts: Not all translators understand terms like “summary judgment,” “motion to compel,” or “discovery.” This leads to oversimplification—or worse, misrepresentation.

• Lack of Certification: Many assume “bilingual = qualified.” In legal settings, you need trained professionals who understand confidentiality, neutrality, and legal equivalence.

• Inadequate Cultural Context: A phrase that’s innocent in one culture may be harmful in another. Translators and interpreters must navigate tone, implication, and sensitivity.

Legal Consequences of Poor Language Services:

• Dismissed claims or denied relief

• Loss of credibility for your client

• Violations of due process

• Malpractice exposure for your firm

• Delays and rework that cost billable hours

• Ethical sanctions or complaints from oversight bodies

  
  

In short: Bad language access = bad lawyering.

The Right Way to Do It: How Waves Language Solutions Helps

At Waves Language Solutions, we offer specialized legal language services designed to protect the integrity of your case at every stage. Our services include:

• Court-certified interpreting for depositions, hearings, and conferences

• Certified translations of contracts, affidavits, discovery, and legal correspondence

• Real-time on-demand interpreting in 200+ languages (phone or video)

• Document formatting that mirrors originals for official filings

  
  

We vet all linguists for legal fluency, cultural competency, and adherence to ethical standards. Our goal is to help you win cases, not just translate words.

What Can Law Firms Do to Protect Their Cases?

• Only use certified or court-approved interpreters: Especially for court appearances, depositions, or USCIS interviews.

• Request a second review for high-stakes documents: Double-check translations of legal contracts, sworn declarations, or client statements.

• Budget for language services up front: Skimping on translation can lead to bigger costs down the line—financial and reputational.

• Educate your team: Train your paralegals and attorneys on identifying LEP clients and requesting proper language support.

Language Access Is a Legal Strategy

When you choose qualified language professionals, you’re not just complying with regulations—you’re protecting your case. Every client deserves to be understood. Every attorney deserves to present their case without linguistic obstacles. And every judge deserves clear, accurate information on which to rule.

The next time you’re preparing a filing or planning a deposition, ask yourself: Are we truly hearing our client?

Because a single mistranslation might be the difference between winning—and losing.

Need professional legal language support? Reach out to Waves Language Solutions today. Let’s make sure your next case speaks for itself—in any language.