MMLA LIMITED ENGLISH PROFICIENCY (LEP) POLICY
I.
REPRESENTATION OF CLIENTS WHOSE CASES WE HAVE ACCEPTED
Purpose: To ensure that an integral part of high-quality legal representation is adequate
communication between an advocate and clients, including clients who do not speak and/or read
English.
A.
In order to ensure adequate communication between advocate and client, all staff
members shall provide effective and understandable interpretation/translation in
the LEP client’s preferred language.
1.
Each advocate shall ensure that documents in English which relate to the
LEP client’s case are accessible in the client’s language using sight
translation or written translation.
2.
MMLA will make available in the frequently-encountered languages, in
addition to English, documents vital to effective representation, such as
retainers, attorney fee agreements and authorizations for release of
information.
3.
Each advocate shall document in the client’s file each time when a
communication occurs, how the interpretation/translation was provided
and who the interpreter was.
B.
MMLA will provide interpreters in the LEP client’s preferred language at no
charge to the client. An LEP client seeking services from MMLA will be
provided with an interpreter if s/he needs one to understand what is going on. An
LEP client will be provided with an interpreter if s/he requests one or if there is
evidence that providing an interpreter would increase the accuracy of
communication with him/her.
C.
MMLA will ask for every client’s language preference and will track that
preference in PM.
II.
III.
D.
MMLA will provide both verbal offers and/or written notices to LEP clients in
their preferred language informing them of their right to receive
interpretation/translation in matters related to MMLA representation.
E.
MMLA will assure the competence of language assistance provided to LEP
clients by interpreters and bilingual staff. Family and friends should not be used
to provide interpretation services, except upon request by a client. Minor children
shall not be used to interpret for LEP clients. If a client presses for use of family
or friends, MMLA should make some judgment about the person’s translation
accuracy, particularly with complex legal terms, should understand any
relationships the requested interpreter has with the client which may present
conflicts, and should ascertain whether the would-be interpreter has an interest in
the outcome of the matter. If in the advocate’s judgment a professional interpreter
is needed, the advocate shall use one. Since some entities preclude family
members and others from interpreting, an advocate should be aware of and
comply with any specific requirements of the agency before which the advocate
and client will appear.
INTAKE
A.
MMLA will post signs in the reception rooms of its offices in the commonlyencountered languages in the service area stating MMLA’s willingness to provide
interpreters at no cost to limited English proficiency clients.
B.
MMLA will offer and provide access to interpreters at no cost to limited English
proficiency (LEP) persons requesting services from MMLA offices during the
hours the office is open for intake.
C.
MMLA recognizes that the cost of providing legal services to LEP persons is a
cost of doing business and will budget accordingly.
COMMUNITY EDUCATION MATERIALS
A.
In order to carry out a community education plan, MMLA will identify “vital”
documents among the community education materials which shall be translated.
B.
MMLA will make available easily understood vital documents in commonlyencountered languages in addition to English.
IV.
STAFFING AND STAFF TRAINING FOR ADEQUATE LANGUAGE ACCESS
A.
B.
C.
MMLA will ensure that LEP clients receive effective and understandable
communication.
1.
As a first preference, bilingual staff should communicate directly with
LEP clients. Whether to use staff to interpret will turn on the complexity
of the legal issues or facts being communicated. An advocate shall err on
the side of ensuring language proficiency. For example, an advocate
should not seek to save money by using staff who are not certified to
interpret, but should use a staff member who has been tested as qualified
through MMLA’s contract testing company. Only in rare situations will
MMLA ask a bilingual attorney to serve as an interpreter or translator in
another advocate’s case. When such staff members are not available,
face-to-face interpretation provided by contract interpreters is the next
preference.
2.
MMLA shall develop procedures for hiring interpreters which can be used
by each office.
3.
Telephone interpreter services should be used as a supplemental system
when an interpreter is needed quickly or when services are needed in an
infrequently encountered language.
MMLA shall ensure that all staff at all levels receive ongoing education and
training in culturally and linguistically appropriate service delivery.
1.
All staff with client contact shall receive training on best practices for
working with LEP clients and working with interpreters.
2.
All staff who will participate in court or administrative hearings shall
receive training on best practices for interpreting in the legal context,
including the Minnesota Rules of Professional Conduct and the Code of
Professional Responsibilities for Interpreters in the Minnesota State Court
System.
MMLA encourages the hiring of bilingual staff who reflect the languages spoken
in the service area.
V.
1.
MMLA will implement strategies to recruit, retain and promote at all
levels of MMLA a diverse staff and leadership who are representative of
the languages spoken in the service area.
2.
MMLA will measure a bilingual staff member’s language competency
through a testing process, paid for by MMLA. Bilingual staff who meet
the standards in the language/salary policy will receive a salary increase.
3.
MMLA encourages bilingual staff who will be interpreting in court or
administrative hearings to go through the Supreme Court’s interpreter
training. MMLA will pay for the expenses.
4.
MMLA encourages bilingual attorneys to focus their language skills on
direct representation of LEP clients who speak their language. Only in
rare situations will MMLA ask a bilingual attorney to serve as an
interpreter or translator in another advocate’s case.
MAINTENANCE OF LEP ACCESS
A.
The Management Committee working with the Diversity/Inclusion Committee
shall design a biennial organizational assessment of LEP-related services which
shall include the following:
1.
A system to measure whether an office is in compliance with MMLA LEP
Policy.
2.
A system for LEP clients to voice their concerns and complaints with
MMLA’s delivery of language services.
3.
A system to make MMLA’s LEP policy available to the public.
B.
MMLA will maintain a current language profile of the client communities in the
service area.
C.
MMLA shall ensure that the grievance procedure is capable of identifying and
resolving cross-cultural conflicts or complaints by LEP clients. The grievance
procedure shall be translated in other languages.