Home Blog Translating Contracts for Spanish Speakers in the US

Translating Contracts for Spanish Speakers in the US

Spanish Contract Translation: Is it becoming more important?

The United States has roughly 41 million native Spanish speakers with another 11 million that consider themselves bilingual. That means there are more Spanish speakers in the US than countries like Spain and Colombia. By the year 2050, the US Census Bureau estimates the number will grow to 138 million Spanish speakers.

Companies doing business in the US have taken notice to this growing customer segment and labor force, and have invested in translating content into Spanish. Beyond their websites and marketing collateral, this translation effort also includes a company’s legal contracts and agreements which they have with their customers, suppliers, and employees. This is particularly common in states like Florida, Texas, and California, which make up 55% of the total Hispanic population in the US.

Translating contracts to Spanish for use in the US does not require the same adaption as translating a contract to be used in another country that speaks a different language (E.g., adaption of legal system, legal writing style, etc). However, it does take some skill and thoughtfulness to make sure the business is best protected. Below are a few tips when translating your business contracts to Spanish for use in the US jurisdiction.

Add a Prevailing Clause to Your Contract

In case of any future dispute, it is best practices to add a ‘Prevailing Language’ clause that tells the signatories that, should there be any discrepancies between the translation and the source document, the English version will prevail in court. Given the contracts will be used in the US and governed by its laws (and likely drafted in English), it is best practices to have the English version prevail. Below are a few sample clauses:

Prevailing Language. The English language version of this Agreement shall be controlling in all respects and shall prevail in case of any inconsistencies with translated versions, if any.

Prevailing Language. The Agreement has been prepared in both English and Spanish versions. In case of conflict, the English version shall prevail.

This Agreement is made in English and Spanish. In the event of a dispute as to the terms of this Agreement the English version shall prevail.

Leave US-Specific Laws and Regulations in English

There are many instances where words or concepts do not have exact equivalents in other languages. This is particularly true when it comes to local laws and regulations that may be specific to one country. For the purpose of clarity and specificity, it may be good practice to leave US-specific Laws and Regulations in English, even though it is a translation to Spanish, given they likely do not have an equivalent in Spanish. Transliterating is employed by some translators, but if you transliterate, always also provide the law or regulation in English so it is crystal clear what the transliteration refers to. Using a sample parenthesis can be an effective solution. Please see examples below:

IRS statement 1099 (“Constancia de Impuestos 1099”)

401(k) plans (los “Planes 401(k)”)

While these two tips may seem minor, they can be powerful tools to make sure your Spanish contracts do not create any new risk for your business.


ContractsCounsel is not a law firm, and this post should not be considered and does not contain legal advice. To ensure the information and advice in this post are correct, sufficient, and appropriate for your situation, please consult a licensed attorney. Also, using or accessing ContractsCounsel's site does not create an attorney-client relationship between you and ContractsCounsel.


Meet some of our Lawyers

Jordan M. on ContractsCounsel
View Jordan
5.0 (2)
Member Since:
October 14, 2021

Jordan M.

Partner
Free Consultation
Houston, TX
7 Yrs Experience
Licensed in TX
University of Houston Law Center

I am a software developer turned lawyer with 7+ years of experience drafting, reviewing, and negotiating SaaS agreements, as well as other technology agreements. I am a partner at Freeman Lovell PLLC, where I lead commercial contracts practice group. I work with startups, growing companies, and the Fortune 500 to make sure your legal go-to-market strategy works for you.

Tabetha H. on ContractsCounsel
View Tabetha
5.0 (39)
Member Since:
October 26, 2021

Tabetha H.

Attorney at Law
Free Consultation
San Jose, CA
28 Yrs Experience
Licensed in CA
UCLA

I am a startup veteran with a demonstrated history of execution with companies from formation through growth stage and acquisition. A collaborative and data-driven manager, I love to build and lead successful teams, and enjoy working full-stack across all aspects of the business.

Recent  ContractsCounsel Client  Review:
5.0

"Tabetha provided feedback on a legal document in a timely and thorough manner. I plan to use her services going forward."

Orin K. on ContractsCounsel
View Orin
5.0 (3)
Member Since:
October 24, 2021

Orin K.

Partner
Free Consultation
New York
22 Yrs Experience
Licensed in NY
New York Law School

I'm an employment lawyer. I counsel and represent employees in all professions, from hourly workers to doctors and executives, and all in between. I also counsel and represent employers in many aspects of employment law.

Recent  ContractsCounsel Client  Review:
5.0

"Orin was very flexible, clear and communicative. I would highly recommend."

Elbert T. on ContractsCounsel
View Elbert
4.8 (7)
Member Since:
March 31, 2022

Elbert T.

Attorney
Free Consultation
Oklahoma City
5 Yrs Experience
Licensed in OK
Oklahoma City University School of Law

Elbert Thomas is the founder of the Thomas Law Group, LLC. Elbert is proficient in contract creation, drafting, reviewing, and negotiating various business contracts and demand letters in industries such as construction, personal, professional services, non-profits, and real estate. Elbert typically represents small and large companies in drafting and negotiating countless agreements such as purchase sale agreements, interconnection agreements, lease agreements, demand letters, cease & desist letters, transfer of deeds in real property, and merger/acquisition agreements. In addition, Elbert is also experienced in start-ups, small business formation, drafting operating agreements, and estate planning.

Recent  ContractsCounsel Client  Review:
5.0

"I enjoyed working with Elbert. He is thoughtful and willing to walk an ambiguous idea forward with you until there's clarity."

Grant P. on ContractsCounsel
View Grant
Member Since:
October 12, 2021

Grant P.

Founder
Free Consultation
New York
23 Yrs Experience
Licensed in FL, NJ, NY
Brooklyn

Founder and owner of Grant Phillips Law.. Practicing and licensed in NY, NJ & Fl with focus on small businesses across the country that are stuck in predatory commercial loans. The firm specializes in representing business owners with Merchant Cash Advances or Factoring Arrangments they can no longer afford. The firms clients include restaurants, truckers, contractors, for profit schools, doctors and corner supermarkets to name a few. GRANT PHILLIPS LAW, PLLC. is at the cutting edge of bringing affordable and expert legal representation on behalf of Merchants stuck with predatory loans or other financial instruments that drain the companies revenues. Grant Phillips Law will defend small businesses with Merchant Cash Advances they can no longer afford. Whether you have been sued, a UCC lien filed against your receivables or your bank account is levied or frozen, we have your back. See more at www.grantphillipslaw.com

Jonathan K. on ContractsCounsel
View Jonathan
Member Since:
November 12, 2021

Jonathan K.

Principal
Free Consultation
New York, Europe (Germany, UK)
17 Yrs Experience
Licensed in NY
Georgetown University Law Center

Pico & Kooker provides hands on legal advice in structuring, drafting, negotiating, interpreting, managing and enforcing complex high value commercial transactions. Adept at navigating complex environments, Jonathan has extensive expertise advising clients on a wide range of long- and medium-term cross border and financial engagements, including public tender participation, PPPs, export sales agreements as well as policy and regulatory formulation. Jonathan and his co-founder, Eva Pico have represented and acted on behalf of lenders, global corporations and other market participants across a range of industries including financial services, infrastructure and transportation. As outside counsel, Pico & Kooker, has developed a strong rapport and working relationship with their clients and appropriately work with their in-house teams to increase consistency, processes and procedures. The company employs a unique approach as practical, business minded outside legal counsel who believe in proactively partnering with their clients to achieve desired results while managing and engaging key stakeholders. They listen to their clients to develop customized solutions that best meet their needs while aligning with their objectives, vision and values. Some representative transactions include advising the World Bank on project finance and portfolio options to address the costs and risks associated with integrating renewable power sources. Also advising them as legal counsel, Jonathan developed policies, regulation and models for emerging market governments entering into public-private partnerships. In addition to his work with the World Bank, Jonathan has worked with some of the world’s largest consulting firms, financial institutions and governmental organizations, including the United Nations, the governments of the US, UK and select African countries. Through out his career, he has worked with large, multinational corporations both by consulting in-house and acting as outside counsel on large cross-border transactions. He graduated from Georgetown University’s law school and was admitted practice as a lawyer in New York, England and Wales and, as a foreign lawyer, in Germany. He has written several articles for trade journals and has been cited by several business publications in worldwide. Jonathan is a native English speaker and has high proficiency in German and a functional understanding of Spanish.

Reuben O. on ContractsCounsel
View Reuben
Member Since:
October 21, 2021

Reuben O.

Senior Managing Attorney
Free Consultation
Seattle/Boise
17 Yrs Experience
Licensed in ID, WA
The University of Iowa

As an entrepreneur at heart, I enjoy working with business owners and executives on a variety of corporate matters, including mergers and acquisitions, corporate financing, corporate governance, public and private securities offerings, privacy regulation and early-stage corporate matters including formation. As a lawyer and business professional, I understand the value of providing personal service and focused legal answers to clients navigating a rapidly changing regulatory environment. Whether in Aerospace, Consumer Goods, or Technology, I find great success in work collaboratively with clients to strategical structure their business or implementing strategic growth-oriented financing opportunities.

Thaddeus W. on ContractsCounsel
View Thaddeus
Member Since:
October 22, 2021

Thaddeus W.

Principal
Free Consultation
Los Angeles, Ventura County, New York City
29 Yrs Experience
Licensed in CA, NY
University of Notre Dame Law School

Experienced legal counsel to entrepreneurs, small businesses, and investors. Advising clients starting, buying, selling, operating, financing, and investing in businesses // U.S. Army Veteran // Ironman Triathlete, Marathoner, Open Water Swimmer, USAT Triathlon Coach // Lover of Dogs, Cribbage, Craft Beer, Bourbon, and Cigars

Nichole C. on ContractsCounsel
View Nichole
Member Since:
October 22, 2021

Nichole C.

Attorney
Kentucky
20 Yrs Experience
Licensed in KY
University of Louisville, Brandeis School of Law

Licensed attorney in KY and Federally JD, 2006 University of Louisville MBA, 2006 University of Louisville BS, 2001 Berea College Licensed Title Agent Arbitrator and Certified Mediator Business Consultant Adjunct Professor, Law and Business

Michelle F. on ContractsCounsel
View Michelle
Member Since:
January 24, 2022

Michelle F.

Attorney
Free Consultation
New York
8 Yrs Experience
Licensed in NY
Touro College Jacob D. Fuchsberg Law Center

I provide comprehensive legal and business consulting services to entrepreneurs, startups and small businesses. My practice focuses on start-up foundations, business growth through contractual relationships and ventures, and business purchase and sales. Attorney with a demonstrated history of working in the corporate law industry and commercial litigation. Member of the Bar for the State of New York and United States Federal Courts for the Southern and Eastern Districts of New York, Southern and eastern District Bankruptcy Courts and the Second Circuit Court of Appeals. Skilled in business law, federal court commercial litigation, corporate governance and debt restructuring.

Steve C. on ContractsCounsel
View Steve
Member Since:
October 26, 2021

Steve C.

Principal | Attorney
Free Consultation
Irvine
27 Yrs Experience
Licensed in CA
Loyola Law School

I am a corporate and business attorney in Orange County, CA. I advise start-ups, early-growth companies, investors, and entrepreneurs in various sectors and industries including technology, entertainment, digital media, healthcare, and biomedical.

Find the best lawyer for your project

Browse Lawyers Now

Quick, user friendly and one of the better ways I've come across to get ahold of lawyers willing to take new clients.

View Trustpilot Review

Need help with a legal contract?

Post Your Project

Get Free Bids to Compare

Hire Your Lawyer

CONTRACT LAWYERS BY TOP CITIES
See All Business Lawyers

Contracts Counsel was incredibly helpful and easy to use. I submitted a project for a lawyer's help within a day I had received over 6 proposals from qualified lawyers. I submitted a bid that works best for my business and we went forward with the project.

View Trustpilot Review

I never knew how difficult it was to obtain representation or a lawyer, and ContractsCounsel was EXACTLY the type of service I was hoping for when I was in a pinch. Working with their service was efficient, effective and made me feel in control. Thank you so much and should I ever need attorney services down the road, I'll certainly be a repeat customer.

View Trustpilot Review

I got 5 bids within 24h of posting my project. I choose the person who provided the most detailed and relevant intro letter, highlighting their experience relevant to my project. I am very satisfied with the outcome and quality of the two agreements that were produced, they actually far exceed my expectations.

View Trustpilot Review

How It Works

Post Your Project

Get Free Bids to Compare

Hire Your Lawyer

Want to speak to someone?

Get in touch below and we will schedule a time to connect!

Request a call

Find lawyers and attorneys by city