6 Trial Lawyer • Spring 2024 By Judge Rima Ghandour Multnomah County Circuit Court My first trip to the United States was when I was 5 years old. My mother and I traveled to Michigan from Beirut, Lebanon, so I could have surgery on my eye. I knew a few words of English — yes, no, water, please. My mother’s English was slightly better than mine but was also limited. The day of surgery, I was terrified. I did not understand what was happening and could not understand what people were saying. When they were ready to roll me into the operating room, I had a meltdown. I physically fought the staff until they had to restrain me. When I made it to the operating room, my doctor noticed the restraints and noticed my doll that made it with me on the stretcher. He calmed me down View From The Bench Hon. Rima Ghandour Heard and understood by using the doll to gesture and explain what he was doing. He took the time to show me he understood my fear. When I woke up from surgery, I had a patch on my eye and so did my doll. I was able to play doctor to my injured doll. I was no longer terrified. I was heard and understood. A lot of my terror could have been alleviated if there had been an interpreter who could explain what they were doing to me in that moment when they tried to wheel me into the OR. Like my experience with eye surgery as a child, trips to the courthouse and dealing with the legal system is a source of stress and confusion for many people. Adding language barriers and unfamiliarity with system processes can amplify all the negative feelings. There are several ways to reduce those negative feelings, and yes, many of them stem from making sure the person is heard and understood. One way to do that: use interpreters. Use of interpreters It is obvious to most attorneys that if a client does not speak English, counsel should engage an interpreter when speaking with them or when they are in any formal proceedings including depositions and court appearances. When a client speaks some English, some attorneys do not engage interpreters and others believe interpreters should not be used. The question often heard in depositions is, “You seem to speak English and understand me, why do you need an interpreter?” Be cautious: this type of question may be a violation of Oregon Rules of Professional Conduct, Rule 8.4, as it could be harassment or intimidation due to a person’s national origin. In addition, even if it is not a violation of ORPC 8.4, a person’s ability to speak and understand a language for everyday use is not the same as understanding and speaking the language for formal and technical issues. It is important for all that the person being questioned, whether in court, a deposition or in an informal interview, be able to fully understand all the technical, precise and nuanced inquiries being made of them. It is also important to remember that
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