How to spot a poor legal translation?

and how to prevent risk with contract translation checklist

In the world of legal documents, precision is everything. One poorly chosen word can be the difference between legal certainty and costly disputes. Yet, legal translations are still too often underestimated, and the consequences usually show up when it’s too late.

So how do you recognize a poor legal translation? And more importantly, how do you make sure your contracts are translated accurately and professionally the first time?

The warning signs

Legal texts have their own logic, structure, and rhythm. How to spot a poor legal translation? Beware of one or more of these red flags:

1. Literal translation without context awareness
Legal language isn’t a word-for-word exercise. National laws, legal traditions, and contract conventions vary from one jurisdiction to another. A text that has been translated literally often misses the legal intent entirely.

2. Awkward or unnatural sentence structure
If a sentence feels clumsy or ambiguous, chances are the translator isn’t fluent in the legal tone and style of the target language. A well-translated contract reads clearly and professionally, i.e. without linguistic distractions.

3. Mistranslated legal terminology
Terms like consideration, indemnification, or good faith carry both cultural and legal weight. A poor translation focuses on the word itself, not on the legal meaning behind it, which can alter the contract’s intent or validity.

4. Lack of understanding of the document’s purpose
A contract for an investment deal is not the same as a non-disclosure agreement. As a result, translating without understanding the document’s purpose means missing its core.

Checklist: what to expect from a high-quality legal contract translation?

Preventing mistakes is always easier, and less expensive, than fixing them. Therefore, use this checklist before approving any legal translation:

– Is the translator a legal specialist?
Legal language is in fact a language of its own. Always ask for evidence of specific experience with contracts, legal frameworks, and compliance-related content.

– Is the translator familiar with both legal systems?
Contracts are deeply rooted in their legal context. A professional translator should know the relevant legal systems of both source and target languages, and be aware of the differences. For example, in The Netherlands civil law is governed by the Dutch Civil Code. Whereas, in the UK no such Civil Code exists.

– Has the document been reviewed by a second legal linguist?
Reputable translation providers work with a four-eyes principle. For legal content, this isn’t an optional extra, it’s essential.

– Is legal terminology applied consistently and accurately?
Contracts rely on clear and stable terminology. A reliable translation shows consistent use of the correct legal terms.

– Has the translation been tailored to the document’s purpose and audience?
A contract for a U.S.-based tech startup requires a different translation approach than a real estate agreement under Dutch law. Always check whether the translator understands the document’s context and goals.

A professional legal translation should not raise flags. It should only do exactly what it’s supposed to do: provide clarity, minimize risk, and safeguard your legal position. Do you find yourself questioning a translation? That’s usually the first sign it needs a review. Get in touch for a second opinion.