When it comes to the legal translation in Canada, two clear observations can be made: First, there is a severe shortage of qualified legal translators in this country; and second, translation technology, including machine translation (MT) and generative AI (genAI), is now firmly entrenched in translation processes. The train has left the station. The genie is out of the bottle, and there is no turning back.
Gone are the days when legal translators could handle their workload with a simple word processing software, a library full of dictionaries and legal references, and the wisdom of experienced colleagues. The steady improvement of MT and the advent of genAI over the past decade have ushered in a dramatic shift in the landscape of legal translation, completely transforming the profession, but not without sparking heated debate about their use, especially in a field as nuanced and critical as legal translation.
The importance of specialization
Legal translation is a highly specialized field, requiring not just language transfer skills but a deep understanding of legal systems, terminology, and practices. Legal translation demands precision, as even a minor error can lead to significant legal consequences. (Examples abound online of legal translation mistakes that have proven very costly for the parties involved.) Building expertise in this area takes years of practice, rigorous study, and, most importantly, a clear understanding of the legal concepts involved. In fact, many legal translators have a formal background in law. So, as technology advances and demand shows no sign of waning, the question arises: Can MT and genAI replace the human expertise required in this field?
The pros of MT and genAI in legal translation
Increased speed and efficiency
One of the biggest advantages of using MT and genAI in legal translation is the potential for increased speed and productivity. Legal documents often contain repetitive language, especially in contracts, agreements, and legal forms (think boilerplates). MT tools, particularly when integrated with computer-assisted translation (CAT) systems, can quickly process these repetitive segments, allowing human translators to focus on the more complex and nuanced sections of the text.
For instance, translating a lengthy contract or a set of legal guidelines could take days or even weeks to complete manually. However, with the assistance of MT, this time can be drastically reduced. Translation technology can also be used to translate voluminous documents quickly (in a matter of seconds or minutes) to give readers a preliminary understanding of the contents, for example, before atrial, so lawyers can walk into court prepared. While the initial translation might be machine-generated, a skilled legal translator should ideally then refine and perfect the output as needed, ensuring that the final product is both appropriate and fit for purpose.
Standardization and consistency
Another benefit of using MT in legal translation is the standardization and consistency it can provide, especially in terminology. Legal language often requires the consistent use of specific terms throughout a document or across multiple documents. MT tools, when properly trained with domain-specific corpora, can help maintain this consistency, reducing the likelihood of errors or inconsistencies that could have serious legal implications.
GenAI tools can also be used to create and manage large terminology databases, helping translators to ensure they are using the correct terms and phrases. This is particularly useful in large-scale projects or when dealing with multilingual legal documents, where consistent terminology across languages is crucial.
Multilingual capabilities
In an increasingly globalized world, legal documents often need to be translated into multiple languages in a short timeframe. MT and genAI have made it possible to produce multilingual translations faster than ever before. This is a serious boon for multinational corporations, law firms, and international organizations that need to manage large volumes of legal content across various jurisdictions.
The cons of machine translation and AI in legal translation
Lack of contextual understanding
While MT has made impressive strides, it still struggles with understanding context鈥攁 critical factor in legal translation. Legal texts are often dense, filled with specific legal jargon, and laden with cultural nuances that machines find challenging to interpret accurately. For example, legal terms that have no direct equivalent in another language can lead to mistranslations, potentially altering the meaning of a document.
And in Canada, the coexistence of civil law and common law presents a unique challenge for legal translation. Machine translation tools often struggle to accurately interpret the distinct legal terminologies and concepts inherent to each system and branch, leading to potential mistranslations that could alter the intended meaning of legal documents.
Moreover, legal translation is not just about replacing words; it is about conveying the intent of the law accurately. A machine translation might produce a grammatically correct sentence, but if it fails to capture the underlying legal principle or intent, the translation could be rendered useless鈥攐r worse, legally compromising.
Overreliance and overconfidence
Another significant risk associated with using MT and genAI in legal translation is overreliance on these technologies. Less experienced translators might trust the machine-generated text too readily, failing to scrutinize the output for errors or inconsistencies. Legal translation is a field where 鈥渃lose enough鈥� is not good enough. A mistranslation, even if minor, can have profound legal consequences.
Overconfidence in MT and genAI can lead to a false sense of security. Just because a machine translation 鈥渟ounds鈥� legal does not mean it is accurate. This is particularly true for complex legal texts where the stakes are high, such as in court proceedings, patent filings, or international treaties.
Confidentiality concerns
Confidentiality is a cornerstone of legal practice. Many free, non-subscription-based MT tools (think Google Translate and the like) are not secure enough for handling sensitive legal documents. When using these platforms, there is a risk that confidential information could be exposed or stored in ways that breach legal confidentiality requirements. This is a critical concern for legal translators who must ensure their methods comply with strict privacy and confidentiality laws.
Conclusion
The integration of MT and genAI in legal translation presents both opportunities and challenges, enhancing speed and consistency but often falling short in replicating the nuanced expertise required for accurate legal translation. Thankfully, 91社区鈥檚 School of Continuing Studies offers the Graduate Diploma in Legal Translation, which equips translators with the critical skills needed to use these tools with discernment, ensuring that legal texts are not only translated accurately and idiomatically but also properly understood and respected across different legal systems and cultures.
About the author
Ann Marie Boulanger is a lecturer in the Graduate Diploma in Legal Translation at the School of Continuing Studies. She is a certified translator (OTTIAQ) and owner of Traduction Proteus Inc. She is also the co-founder of LION Translation Academy, which offers business, technology and language training workshops for translators.