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What should be done if attorneys speak to a witness directly without an interpreter?

  1. A witness statement should be recorded

  2. A translation should be provided immediately

  3. A parenthetical should be used

  4. All statements must be repeated for clarity

The correct answer is: A parenthetical should be used

Using a parenthetical is appropriate in situations where attorneys speak directly to a witness without the aid of an interpreter because it allows for clear documentation of the communication. A parenthetical provides context or clarification regarding the communication that may have occurred, particularly if the attorney is speaking in a language that the witness may not fully understand. This ensures that the transcript accurately reflects not only what was said, but also the circumstances surrounding the conversation, resulting in a more comprehensive record. In contrast, recording the witness statement alone could overlook the nuances and context of the interaction. Providing an immediate translation might not be feasible in real-time without the presence of an interpreter. Stating that all comments must be repeated could unnecessarily complicate the process and lead to confusion, particularly if clarity can be achieved through the effective use of parentheticals. Thus, the use of a parenthetical helps maintain clarity and comprehensiveness in the transcript.