When talking about translation in the legal field, it is common for confusion to arise between two concepts which, although related, have different functions and characteristics: legal translation and sworn translation. Understanding the differences between the two is crucial to choosing the right type of service according to the needs of the document and its intended use. For this reason, we wanted to dedicate this small space to investigate what each of them consists of, what distinguishes them and why it is important not to use them as synonyms.
What is the difference between a legal translation and a sworn translation?
Although they are often confused, legal translation and sworn translation have different functions within the legal field. Legal translation refers to the specialised translation of legal texts, such as contracts, judgments, laws or statutes. It requires a thorough knowledge of the legal language and legal systems involved, but does not necessarily have official validity with public bodies.
On the other hand, a sworn translation is one that has been produced and certified by a sworn translator authorised by a competent body (such as the Ministry of Foreign Affairs, in the case of Spain). This translation has official status and is used to submit documents to public institutions. Such documents may be of a very diverse nature, ranging from contracts of sale to academic degrees or powers of attorney.
Therefore, while all sworn translations are legal translations, only a few legal translations have the status of sworn translations.
Rate differences and professional status
In addition to their functions and characteristics, legal translation and sworn translation also differ in practical aspects such as rates and the professional status of the translator.
In general, sworn translations tend to have higher rates than legal translations. This is due to several factors: the official nature of the service, the legal responsibility involved in certifying a document, and the fact that each sworn translation must be signed, stamped, and often printed; there is also a greater administrative burden associated with it, especially if the document is to be submitted to public bodies.
Legal translation, on the other hand, can have more variable rates, depending on the type of text, its complexity, and the specific field of law to which it belongs. Although it does not require official certification, it does require a high level of terminological specialisation and in-depth knowledge of the legal systems involved, which can also justify high rates, especially in demanding professional environments such as law firms or international institutions. However, generally, the translation rate for the same document will be higher if a sworn translation is required rather than a standard legal translation.
In terms of professional status, the legal translator is presented as a specialist in the legal field (being able to prove his or her specialisation by means of a higher course or a Master’s degree in Legal Translation), while the sworn translator enjoys official recognition by having been appointed by a competent authority. Such authorisation implies that their translations are legally valid, which implies a direct responsibility for their accuracy and correspondence with the original.
Sworn translation in Spain
A sworn translation is only valid if it has been carried out by a professional who holds the title of sworn translator and interpreter. In Spain, sworn translations can only be done by translators authorised by the Ministry of Foreign Affairs, European Union and Cooperation (MAEC) to translate from a foreign language into one of the official languages of the Spanish State and vice versa. However, it should be stressed that sworn translators are not civil servants nor do they have an official position, but are independent professionals who work on their own or within a company, and who have been authorised by the MAEC.
The MAEC itself accredits that translators are duly qualified in two ways: by passing the language exam of the Office of Interpretation of Languages (a body under the Ministry that appoints sworn translators and interpreters) or by recognition of a foreign qualification obtained in another EU country. Before the full implementation of the Bologna Plan (2010-2011), there was a third way to become a sworn translator: the validation of the Bachelor’s degree in Translation and Interpreting provided that the required credits in legal and economic translation had been passed. However, this option is now totally neglected.
Sworn translation in the UK
In the UK, the concept of sworn translation does not exist in the same way as in countries such as Spain, where, as we have seen, sworn translators are appointed by an official authority and their translations automatically have legal status. Instead of the «sworn translator» system, the concept of certified translation is used in the UK.
In this model, any qualified translator (or translation agency) can issue a certified translation, provided that certain requirements are met, such as attaching a signed statement certifying that the translation is a true and accurate representation of the original document.
There is, therefore, no official stamp or government appointment authorising someone as a «sworn translator,» although it is common for translators to be affiliated to professional organisations. These affiliations give greater credibility to the translator and, in many cases, are valued positively by authorities or entities that require the translation.
In some cases, especially when the translation is to be submitted abroad, an apostille (through the Foreign, Commonwealth & Development Office), a certificate validating the notary’s signature, may be required for the translation to be accepted in countries that are party to the Hague Convention.
Sworn translations in Germany
Unlike in Spain, in Germany there is no single regulation for the appointment of a sworn translator-interpreter, but each state (Land) has its own legislation on the subject. The exact designation may vary from state to state, but what they all have in common is that each sworn interpreter and translator must prove his or her professional qualification and suitability for the performance of language mediation in an official capacity.
Another feature of the reality of the sworn translator-interpreter in Germany is that the person applying for appointment must provide a certificate proving that he or she has in-depth knowledge of judicial matters (each state sets its own criteria for this purpose). In the German case, therefore, linguistic competence in the source and target languages is not sufficient to become a sworn translator or interpreter, but substantial importance is attached to legal knowledge.
Sworn translations in France
In France, sworn translations (traductions assermentées) can only be carried out by translators registered as legal experts (experts traducteurs) before a Court of Appeal (Cour d’appel). These translators are officially appointed by the Estate and their translations have legal value before any French authority.
In this respect, France and Germany share a model of sworn translation with official recognition and strong state supervision, while the UK takes a more liberal approach, focusing on private certification without the need for formal appointment. The main difference between France and Germany lies in the fact that in the latter, licensing is the responsibility of the individual Länder, making the system more decentralised.
Understanding the difference between legal translation and sworn translation is key to ensuring that a legal document is treated with the level of specialisation and formality it requires. While the former provides indispensable technical knowledge of language and legal systems, the latter adds a component of official validity that can be decisive in administrative or judicial proceedings.
Moreover, as we have seen, the concept of sworn translation varies considerably from country to country, both in terms of regulation and in terms of requirements for translators. Therefore, before requesting a translation, it is essential to know the legal context of the target country and to make sure that you have the right professional for each type of assignment. Making the right choice between a legal or sworn translation is not just a question of terminology, but a decision that can have important legal consequences.
Carlos Sánchez Luis