ABA Publishes Ethics Opinion on Lawyer-Client Language Barriers

The American Bar Association's Standing Committee on Ethics and Professional Responsibility has published an ethics opinion on attorneys' responsibility to ensure effective communication with clients who speak a different language, or who have a "non-cognitive physical condition" that impacts lawyer-client communication. Attorneys must take affirmative steps to ensure that both parties understand each other, such as hiring a translator or interpreter or utilizing assistive technology. In addition, attorneys have a duty to ensure that that clients understand "the legal significance of translated or interpreted communications." See American Bar Association, ABA Journal, Reuters.