The Last-Minute Deposition Offer
An agency calls at 6:40 p.m. for an 8:00 a.m. deposition the next day: two hours, $45 per hour, 90 minutes' drive each way, no mileage. The subject is a medical-malpractice case involving surgical complications. You have interpreted in clinics and a few pre-op appointments, but never a deposition, and not this specialty. The scheduler says, "No one else is available. Just do your best-no one will know." The contract includes a clause that you will not discuss the assignment with anyone, ever.
1. Analyze whether you should accept, using the setting, your competence, and the constraints.
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The controlling issue is competence for this specific assignment, not general skill. A deposition is a legal proceeding with sworn testimony, objections, and a written record; errors are hard to correct and may be challenged later. Medical-malpractice content adds specialized terminology and high stakes.
Weigh:
- Setting unfamiliar: no deposition experience.
- Content unfamiliar: surgical complications, not your clinic vocabulary.
- Conditions poor: 3 hours of unpaid driving, low rate, no prep materials mentioned, next-morning start.
- Pressure to conceal: "no one will know" is a request to accept work you are not positioned to do well.
A defensible answer is to decline this assignment as offered, or accept only conditionally-if you can review the case materials tonight, confirm a team, and be paid for travel. "Doing your best" is not a competence plan when someone's testimony is at stake.
2. How do you respond to the rate, travel, and the confidentiality clause?
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Separate the three issues.
Rate and travel. $45/hour for two hours does not cover 3 hours of driving plus prep. Counter with a minimum (e.g., a two-hour minimum plus mileage or travel time), or decline. This is business negotiation, not ethics-but accepting chronically underfunded work contributes to the shortage of qualified legal interpreters.
Confidentiality. A blanket "never discuss this with anyone, ever" clause is broader than the ethical duty, which is confidentiality of assignment content. Ask to narrow it to assignment information and to allow consultation with a supervisor or mentor under confidentiality. If the agency refuses, that is information about the agency.
The scheduler's pressure. "No one will know" should be answered plainly: "The concern isn't whether anyone knows. It's whether the record is accurate."
3. If you do accept under conditions, what must be in place before you walk in?
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Before the proceeding:
- Case materials or at least a glossary of the surgical terms and the procedure names.
- Confirmation of the proceeding's ground rules (how objections and overlapping speech will be handled).
- A pre-session with counsel and the witness: identify speakers, ask for one-at-a-time speech, and explain that you will ask for repeats rather than guess.
- Clarification of your role: you interpret; you do not explain the law, coach the witness, or summarize sidebars.
- A plan for the record if something is unintelligible-ask for it to be repeated on the record.
If any of these cannot be arranged, the honest move is to withdraw rather than improvise in a sworn proceeding.