Differences between a Legal Translation and a Sworn Translation

Are you arranging the translation of an international contract, drafting a document for a court case or validating a certificate for submission to an official institution? If so, you will probably have come across the terms "legal translation" and "sworn translation". The confusion between the two concepts is completely normal, but in reality, they are two distinct services with different objectives.

In this article, we will clearly explain what legal translation and sworn translation entail, highlight their key differences, and help you determine which one you need based on your specific requirements.

What is a legal translation?

Legal translation is a type of specialised translation focused on adapting legal texts from one language to another. This process not only requires linguistic expertise, but also in-depth understanding of the legal systems of the countries involved, since the legal terminology and concepts can vary significantly.

Main characteristics of a legal translation:

• Precise terminology: Legal translators must ensure that legal terms remain faithful to the original text while being appropriate for the legal context of the target language.
• Specialist knowledge: It requires specialist training in law or experience in the legal field.
• Examples of documents: Contracts, articles of association, court rulings, laws and regulations.

For example, when translating a commercial contract, it is not only essential for the terminology to be accurate but also for the translator to understand the legal implications of each clause. This ensures clarity and prevents misunderstandings or misinterpretations.

What is sworn translation?

On the other hand, a sworn translation is an official translation by a translator authorised by a competent body, such as the Ministry of Foreign Affairs in Spain. This type of translation is certified and signed by the sworn translator, granting it legal validity before both public and private institutions.

Main characteristics of a sworn translation:

• Official certification: The sworn translator stamps and signs the document, certifying its accuracy and fidelity to the original.
• Official use: This type of translation is required for documents that need to be submitted to official authorities.
• Examples of documents: Birth certificates, academic diplomas, notarial deeds, marriage certificates, and death certificates.

A typical example is the translation of an academic certificate that needs to be submitted to a foreign university. A sworn translation guarantees that the document is officially recognised.

What are the differences between a legal translation and a sworn translation?

Sworn translation is one signed by a Translator, which gives it official validity to public and private bodies. It is not necessarily linked to legal texts, as it can cover other areas such as the technician or the doctor. However, legal translation is exclusively included in a legal framework, covering topics such as law, legislation, policy or the economy, and must be carried out by a translator specializing in this area.

Although both types of translation are related to the legal field, there are fundamental differences between them:

The purpose:

• Legal translation aims to adapt legal texts to the target language for understanding or internal use.
• The purpose of the sworn translation is to certify the legal validity of a translated document so that it is accepted by official institutions.

Certification:

• Legal translation does not require official certification, except in specific cases.
• Sworn translation includes the signature, stamp and, in some cases, the registration number of the sworn translator.

Area of use:

• Legal translation is more suitable for contracts, agreements or legal documents that do not need to be submitted to authorities.
• Sworn translation is essential for documents such as academic certificates, notarial powers of attorney or court documents.

The format:

• A legal translation can be delivered in electronic or printed format, depending on the customer's needs.
• A sworn translation must be submitted with the translator’s stamp and signature, either in physical format or electronically with a digital signature.

When do you need one or the other?

Determining the type of translation you need depends on the purpose of the document:

• Legal translation:
  • When you need to adapt legal texts for understanding or use in a specific context, such as reviewing a contract or drawing up legal reports.
  • For example: Translating a business collaboration agreement between two countries.
• Sworn translation:
  • When you need to submit the document to an official institution that requires a certified translation.
  • For example: Translating a criminal record certificate for an immigration process.

In some cases, you may need both: For example, a contract that requires precise legal terminology while also needing official certification to be submitted to a foreign court.

Who can carry out these services?

Legal translator:

A translator specialised in law with experience in legal texts. Although they do not need to be a sworn translator, they must have in-depth knowledge of the subject matter.

Sworn translator:

A professional authorised by an official body who ensures the legal validity of their translations. In Spain, sworn translators are accredited by the Ministry of Foreign Affairs.

It is important to note that a sworn translator can also carry out legal translations, but not all legal translators are authorised to provide sworn translations.

Why is it important to choose the right service?

Choosing the right type of translation ensures that the document meets its purpose and is accepted wherever it is needed. An incorrect choice could lead to delays, legal issues or even the invalidation of the document.

For example, submitting a legal translation when a sworn translation is required could result in a procedure being rejected, while requesting an unnecessary sworn translation could lead to an additional expense.

How can we help you? Get in touch with us

At ATLS, we are specialists in legal and sworn translation. We have a team of highly qualified and sworn translators, ready to handle any requirement, from commercial contracts to official documents.

Our international experience also ensures that your translations meet the specific requirements of each country. If you have any questions about what type of translation you need, don't hesitate to ask us. We are here to help you find the most suitable solution:

Frequently asked questions about the difference between sworn translation and legal translation

Anabel Ruiz