TERMBASES – A MUST FOR LEGAL TRANSLATION

Termbases are key to avoiding inaccuracies or inconsistencies in your legal translations. Find out more about this useful resource in our blog post.

Legal translation poses challenges, given the complex nature of legal language and the sensitivity of its content. Mistranslations can lead to legal disputes, penalties, and even harm to your reputation. So, in this realm, accuracy is a must.

Termbases play a crucial role in achieving the precision legal translation requires. They are key to ensuring your translators and staff members share a common understanding of which terms to use. Thanks to this tool, you’ll be certain that every translated document uses your terminology correctly and consistently.

In this blog post, we delve into what termbases are and why you should use them for your legal translation projects.

What is a termbase?

A termbase (TB) is short for a terminology database. In other words, it’s a glossary that lists words and expressions specific to a subject area, industry, or company.

Every term entry includes comprehensive data, such as:

  • Source terms.
  • Approved translations into other languages.
  • Definitions.
  • Usage guidelines.
  • Context information.
  • Examples.
  • Terms not to be translated.

For instance, a termbase to translate legal contracts may include terms like “arbitration,” “breach of contract,” or “force majeure.” When translating a patent application for an inventor, you’d find words like “claims,” “inventive step,” or “prior art.”

How does a termbase differ from a Translation Memory?

A termbase shouldn’t be confused with a translation memory ™. Both are used to manage linguistic assets, but a translation memory stores segments of text that you’ve translated before. These “segments” may be sentences, paragraphs, or sentence-like units (e.g., headings).

The software logs a given text as you use it, and records it in both the source language and the target language for future use. When your translators come across the same or a similar sentence in a new project, the TM provides the previously translated version as a suggestion.

Now, let’s see how this works in practice. Imagine this sentence appears in a legal contract you need translated: “Any violation of confidentiality will result in legal proceedings and the right to seek damages.”

In a previous contract, there was a very similar sentence: “Any violation of confidentiality will result in legal proceedings and the right to pursue damages.”

The TM will recognize the similarity and suggest the previously translated version. Leveraging the existing translation will save your translator precious time.

Why should you use a termbase for legal translation?

Relying on a termbase for your legal translation projects has 4 major benefits:

  1. Accuracy – ensuring that the appropriate legal terms are used for a specific context.
  2. Consistency – increasing consistency across various legal documents, preventing misunderstandings and legal complications.
  3. Time-saving – reducing the time needed to research legal terminology.
  4. Improving machine translation outputs – effective terminology management can improve the quality of results.

What terms should you include in your termbase?

Any term that is specific to your area of expertise and company should be part of your termbase. This is how we advise you to choose the words and expressions to include.

  • List not only common legal terms but also domain-specific phrases and contract clauses.
  • Add any terms unique to your organization’s legal documents.
  • Identify terms prone to ambiguity.
  • Store any terms you’d rather avoid and indicate which synonyms you want to be used instead.

How to make the most of a termbase in legal translation

Now that you are familiar with what a termbase is, here are some tips to maximize the potential of yours.

  • Include terms you’d rather not translate

There may be content you prefer to keep in the source language (e.g., proper names, specific court titles, or legal acts).

Make sure you store these terms, so your language service provider knows your preferences.

  • Categorize your termbase

Legal terminology can vary based on different areas of law. For instance, legal terms related to contracts may differ from those in constitutional law.

Take the word “consideration.” In the context of contract law, “consideration” is a concept that ensures that both parties give up something of value, creating a balanced and binding agreement. But in constitutional law, it means thoughtful examination by lawmakers.

  • Beware of locales

A language can have different locales. For example, Chinese is spoken in China but is also prevalent in Taiwan, Hong Kong, Singapore, and Malaysia. So, the translation of a term may be influenced by local usage and cultural differences in these regions.

  • Update your termbase regularly

Languages evolve, so a termbase can’t be static. Your termbase should grow and change whenever there’s content including new relevant terms.

Remember not only to add terms but also to remove any unnecessary ones.

  • Use your termbase for quality assurance purposes

Your termbase also serves to cross-reference translations against accepted terminology. It helps you verify linguistic consistency and alignment with your legal language preferences.

  • Have a subject-matter expert review the terms

A professional translator should check any additions to your termbase. Take into account that the translations stored will be considered “official.”

Whether handling a single translation project or multiple tasks with large teams, you can benefit from having a termbase. It’s an essential tool to foster accuracy and consistency in legal translation.

At Montero, we invest in market-leading terminology management software to ensure your termbases are meticulously curated. Find out more about how we can help with your legal translation projects.

 

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