Insight

Litigating in Tongues

Multilingual E-Discovery Can Present Beaucoup Problems If Managed Incorrectly.

Litigating in Tongues
KB

Katie Botkin

October 14, 2019 01:00 PM

Kyle Sears has engaged in business all over the world, navigating cultures and languages in his professional capacity. However, like many lawyers, he has never dealt directly with handling e-discovery in any language other than English. He admits that he has no idea how he would. His first inclination: “Use Google Translate.”

E-discovery is the process by which a lawyer searches electronic documents and data for potential use in a case. They might be Word documents, PDFs, emails, spreadsheets, images, databases, or a host of other file types—potentially millions of words to sort through. Discovery can include looking at the metadata of electronically stored files, if it’s relevant. This would tell you, for example, when a particular file was created and what its origins are.

Wrangling all these documents can be tricky, and if any or all of the data is in a language other than English, the difficulty increases exponentially. It’s not just a matter of translation—it’s a matter of keeping the translations paired with the original files. Multilingual e-discovery is both a language challenge and a management challenge.

Attorneys themselves rarely handle e-discovery decisions, says Jerry Wish, general manager of Lionbridge Legal. Lionbridge Legal is a legal translation firm working under the larger umbrella of Lionbridge Technologies, a Waltham, Massachusetts–based technology and localization company that operates 55 offices in 26 countries across the globe. Wish has seen a change in recent years when it comes to discovery in a foreign languages. As firms automate and streamline, the responsibility of handling discovery is “gradually shifting to litigation support, project managers, and legal administrators,” he says. However, these aren’t always the same people making the firm’s translation purchasing decisions, and this can cause some confusion.

Lionbridge is one of the largest language service providers in the world, and like many others that offer corporate-level translation services, Wish’s division handles quandaries regarding multilingual e-discovery. “What’s great about e-discovery technology is it makes it easier for counsel to identify, collect, and produce discovery documents, but if the tool you use only does this for English, the work’s not complete,” he says. “That’s why the first best practice any firm should deploy is to bring together those language and collection steps.”

"Multilingual e-discovery is both a language challenge and a management challenge."

Providers can integrate with technology that firms might already be using, Wish notes. “Managing discovery in multiple languages may seem intimidating—translated documents mean two files to manage instead of one—but if you work with the right technology and coordinate efforts between the personnel who manage e-discovery and who buy translation, it doesn’t have to be.”

Indeed, language service providers increasingly tackle translation by adding technology to the mix. Translation tools and related tech, such as optical character recognition, are employed behind the scenes in a number of ways. “If your business wants to handle higher volumes, gain cost efficiencies, and drive high quality, tools are an absolute must,” says Lee Densmer, senior content marketing manager at RWS Moravia, another worldwide language service provider.

One common practice, for example, is using translation memory to leverage previously translated text. This way, firms avoid paying for the same translation twice. The system remembers and automates previously human-translated content, so professional translators are tasked only with translating words and sentences that the system doesn’t already have on file. This saves them time—and thus saves firms money.

Translation memories also form the building blocks of many machine translation engines—those like Google Translate, in fact, which studies the way humans have translated text and makes predictions based on what it learns.

The instinct to use something like Google Translate is not, technically speaking, misplaced. Google Translate runs on sophisticated neural machine-translation algorithms, and sophisticated machine translation is actually a viable option for multilingual e-discovery—it tends to be cheaper than traditional translation by at least a few cents per word, and when you’re dealing with large amounts of text that may or may not be useful, it’s a good way to get the gist of what’s there. “If opposing counsel has sent over thousands of documents and you go to trial next week, you may want to machine translate first in order to get a quick summary or overhead view of what the documents are about, then decide which need expert human review in order to perfect those translations,” Wish says. However, this is useful for generalities only, because even the best machine translation is prone to error. You’ll certainly want expert human translation “if you know beforehand that this file is going to be that essential Exhibit A that the entire case will hinge on,” he adds. “It’s not a question of price so much as of finding value: How do firms balance cost, efficiency, and time?”

Does this mean aspiring young legal minds like Kyle Sears can use Google Translate after all? Not exactly. Even aside from accuracy issues, free machine translation has limitations. Google Translate, specifically, has no privacy settings—the data you input can be stored and used by Google, according to its terms of service. In cases where discovery is confidential, using a free service like Google Translate would be illegal.

Google Translate is also a general translation engine, meaning it doesn’t necessarily take context into account when it looks at how words have previously been translated. It runs on statistics. Auto might get translated like automatic rather than automobile if the engine has encountered more instances of the former. However, proprietary machine-translation engines can be trained by language service providers to cover specific domains and topics.

Perhaps most importantly, managing and keeping track of translations is not something free translation engines are able to do, and this can be the real crux of the challenge when there are a lot of words involved.

The more words there are, the more management oversight is needed, as evidenced by a project Lionbridge recently completed for an automotive supplier. The project covered more than 10 million words in Japanese. “In the sort of cases that can hinge on a single word, that’s a lot of room for error if managed incorrectly,” Wish says. Lionbridge screened each file for duplication and near-duplication, and processed essential government documents, he adds, “since the DOJ played a role in the case.”

Streamlining and automating the e-discovery translation processes proved crucial. Wish says it “brought precision to what, prior to technology-enabled translation, would have been an inefficient, error-prone process with the manual handling of thousands of multilingual documents.” Instead, he notes, using correct project management, as well as linguistic technology like translation memories, saved the client more than $500,000.

Finding a language service provider that fits your firm’s needs, and managing appropriate workflows alongside it, are keys to ensure that Kyle Sears, and everyone like him, can successfully accomplish multilingual e-discovery.

Katie Botkin is a freelance writer and the managing editor of MultiLingual magazine, which ships to 87 countries and covers the language service industry.

Related Articles

Best Lawyers Expands with New Artificial Intelligence Practice Area


by Best Lawyers

Best Lawyers introduces Artificial Intelligence Law to recognize attorneys leading the way in AI-related legal issues and innovation.

AI network expanding in front of bookshelf

Misinformation Age


by Gregory Sirico

As AI weaponizes lies, can global law, corporate business practices and legal associates adapt to the growing threat?

Animated hands shifting sides of a message cube

Discovery in the Time of COVID-19


by H. Barber Boone

The pandemic has affected the vital process of legal discovery in ways both good and bad. Which changes are likely to become widely accepted in the years ahead?

The Impact of COVID-19 on E-Discovery

High Court Merit


by Tracy Collins Ortlieb

In progressive legal circles, the name Robbie Kaplan has emerged as an omnipresent force for equal and human rights.

Q&A With Roberta Kaplan

When a Dream Home Becomes a Nightmare


by Peter B. McGlynn and Robert Stetson

A modern-day Bleak House* offers a cautionary tale about buying real estate—and a legal strategy that helped our clients gain redress.

Blueprint of a house with yellow caution signs

The Virtual Courtroom


by Andrew E. Curto and Danielle E. Tricolla

Why some of the industry changes the pandemic has wrought—the advent of remote courthouse appearances chief among them—deserve to outlast the return to normal life.

Remote Litigation

Is It Live . . . Or Is It Virtual?


by Adrian L. Bastianelli III, Kevin J. O'Connor, Paulo Flores, and Robert S. Peckar

Mediation via Zoom is just one of the legal-industry oddities the pandemic has wrought. Here’s a cheat sheet for how to make it work for you—and some thoughts on whether it’s here to stay.

Virtual Mediation

Selection Protection


by Bradley M. Cosgrove and Robert A. Clifford

Jury Research in High Profile Cases

Jury Research in High Profile Cases

The State of Women Inventors


by Amanda Hermans and Kate Rockwood

What’s being done to improve the gender patent gap—and how attorneys can help.

How to Improve the Gender Patent Gap

Equal to the Task


by Joyce D. Edelman

Fighting for gender equity in the law firm can seem like the very definition of a thankless task. But you just might find yourself able to make great strides.

Gender Equity in the Workplace

The Future of German Technology


by Best Lawyers

How Germany's Law Firm of the Year in Information Technology is leading the way.

Isabell Conrad Schneider Schiffer Weihermulle

Why Cariola Díez Pérez-Cotapos Developed Its Own Legal Tech


by Best Lawyers

Juan Pablo Matus of Cariola Díez Pérez-Cotapos, 2019 "Law Firm of the Year" award for Corporate and M&A Law in Chile, discusses his firm's joint venture with Cognitiva in creating Lexnova, a legal AI system.

Cariola Díez Pérez-Cotapos Interview

Lost in Legal Translation


by Terena Bell

What law firms need to know about translator credentials.

How Legal Translation Can Make or Break a Cas

Artificial Intelligence


by John Ettorre

From science fiction fixture to leading technology trend.

AI: A Capital-Labor Hybrid

The Future of Data Privacy: You Can Run but You Can’t Hide (or Can You?)


by Chad W. King

In Ernest Cline’s dystopian novel "Ready Player One," the world’s population is addicted to a virtual reality game called the OASIS.

The Future of Data Privacy

Trending Articles

2025 Best Lawyers Awards Announced: Honoring Outstanding Legal Professionals Across the U.S.


by Jennifer Verta

Introducing the 31st edition of The Best Lawyers in America and the fifth edition of Best Lawyers: Ones to Watch in America.

Digital map of the United States illuminated by numerous bright lights

Unveiling the 2025 Best Lawyers Awards Canada: Celebrating Legal Excellence


by Jennifer Verta

Presenting the 19th edition of The Best Lawyers in Canada and the 4th edition of Best Lawyers: Ones to Watch in Canada.

Digital map of Canadathis on illuminated by numerous bright lights

Legal Distinction on Display: 15th Edition of The Best Lawyers in France™


by Best Lawyers

The industry’s best lawyers and firms working in France are revealed in the newly released, comprehensive the 15th Edition of The Best Lawyers in France™.

French flag in front of country's outline

Announcing the 13th Edition of Best Lawyers Rankings in the United Kingdom


by Best Lawyers

Best Lawyers is proud to announce the newest edition of legal rankings in the United Kingdom, marking the 13th consecutive edition of awards in the country.

British flag in front of country's outline

Announcing the 16th Edition of the Best Lawyers in Germany Rankings


by Best Lawyers

Best Lawyers announces the 16th edition of The Best Lawyers in Germany™, featuring a unique set of rankings that highlights Germany's top legal talent.

German flag in front of country's outline

Prop 36 California 2024: California’s Path to Stricter Sentencing and Criminal Justice Reform


by Jennifer Verta

Explore how Prop 36 could shape California's sentencing laws and justice reform.

Illustrated Hands Breaking Chains Against a Bright Red Background

Celebrating Excellence in Law: 11th Edition of Best Lawyers in Italy™


by Best Lawyers

Best Lawyers announces the 11th edition of The Best Lawyers in Italy™, which features an elite list of awards showcasing Italy's current legal talent.

Italian flag in front of country's outline

Combating Nuclear Verdicts: Empirically Supported Strategies to Deflate the Effects of Anchoring Bias


by Sloan L. Abernathy

Sometimes a verdict can be the difference between amicability and nuclear level developments. But what is anchoring bias and how can strategy combat this?

Lawyer speaking in courtroom with crowd and judge in the foreground

Things to Do Before a Car Accident Happens to You


by Ellie Shaffer

In a car accident, certain things are beyond the point of no return, while some are well within an individual's control. Here's how to stay legally prepared.

Car dashcam recording street ahead

The Push and Pitfalls of New York’s Attempt to Expand Wrongful Death Recovery


by Elizabeth M. Midgley and V. Christopher Potenza

The New York State Legislature recently went about updating certain wrongful death provisions and how they can be carried out in the future. Here's the latest.

Red tape blocking off a section of street

Tampa Appeals Court ‘Sends Clear Message,” Ensuring School Tax Referendum Stays on Ballot


by Gregory Sirico

Hillsborough County's tax referendum is back on the 2024 ballot, promising $177 million for schools and empowering residents to decide the future of education.

Graduation cap in air surrounded by pencils and money

Find the Best Lawyers for Your Needs


by Jennifer Verta

Discover how Best Lawyers simplifies the attorney search process.

A focused woman with dark hair wearing a green top and beige blazer, working on a tablet in a dimly

Key Developments and Trends in U.S. Commercial Litigation


by Justin Smulison

Whether it's multibillion-dollar water cleanliness verdicts or college athletes vying for the right to compensation, the state of litigation remains strong.

Basketball sits in front of stacks of money

Is Premises Liability the Same as Negligence?


by Jeremy Wilson and Taylor Rodney Marks

In today's age, we are always on the move, often inhabiting spaces we don't own. But what happens when someone else's property injures you or someone you know?

A pair of silhouetted legs falling down a hole with yellow background

Woman on a Mission


by Rebecca Blackwell

Baker Botts partner and intellectual property chair Christa Brown-Sanford discusses how she juggles work, personal life, being a mentor and leadership duties.

Woman in green dress crossing her arms and posing for headshot

Best Lawyers Celebrates Women in the Law: Ninth Edition


by Alliccia Odeyemi

Released in both print and digital form, Best Lawyers Ninth Edition of Women in the Law features stories of inspiring leadership and timely legal issues.

Lawyer in green dress stands with hands on table and cityscape in background