Translating Contracts for Spanish Speakers in the US

Need help with a legal contract?

CREATE A FREE PROJECT POSTING
Post Project Now

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.

How ContractsCounsel Works
Hiring a lawyer on ContractsCounsel is easy, transparent and affordable.
1. Post a Free Project
Complete our 4-step process to provide info on what you need done.
2. Get Bids to Review
Receive flat-fee bids from lawyers in our marketplace to compare.
3. Start Your Project
Securely pay to start working with the lawyer you select.

Meet some of our Lawyers

ContractsCounsel verified
Attorney
7 years practicing
Free Consultation

Corporate and transactional attorney in sixth year of practice. Focus areas include general corporate counsel, labor and employment law, business partnership matters, securities matters related to privately-held companies, and regulatory compliance in securities and finance matters.

ContractsCounsel verified
Attorney
23 years practicing
Free Consultation

Forest is a general practice lawyer. He provides legal advice regarding small business law, contracts, estates and trusts, administrative law, corporate governance and compliance. Forest practiced complex commercial litigation in Florida for eight years, representing clients such as Host Marriott, Kellogg School of Business, and Toyota. Since moving to Nashville in 2005, he has provided legal advice to clients forming new businesses, planning for the future, and seeking funding through the use of equity and/or debt in their businesses. This advice has included the selection of business type, assistance in drafting and editing their business plans and offering material, reviewing proposed term sheets, and conducting due diligence. Forest is a member of the Florida, Tennessee, and Texas Bars; in addition. Forest has held a Series 7, General Securities Representative Exam, Series 24, General Securities Principal, and Series 63, Uniform Securities Agent State Law.

ContractsCounsel verified
Counsel
10 years practicing
Free Consultation

CA, NY, and FL licensed attorney with nearly a decade of experience in intellectual property, data privacy, commercial contracts, and employment. I also have both the CIPP/US and CIPP/E privacy credentials. Basically, everything your business needs!

ContractsCounsel verified
Law Firm Principal
40 years practicing
Free Consultation

David H. Charlip, the principal of Charlip Law Group, LC, is one of only 101 Board Certified Civil Trial Lawyers in Miami-Dade, with over 38 years of litigation experience. Mr. Charlip is also one of only 136 Florida Civil Law Notaries. He has managed and litigated cases across the country. Mr. Charlip has advised businesses, drafted business formation and purchase and sale documents and litigated business disputes for over 30 years and is very familiar with all aspects of contractual relations.

ContractsCounsel verified
Attorney
17 years practicing
Free Consultation

With over 16 years of experience in the area of estate planning, trademarks, copyrights and contracts, I am currently licensed in Florida and NJ. My expertise includes: counseling clients on intellectual property availability, use and registration; oversee all procedural details of registration and responses with the USPTO/US Copyright Office; negotiate, draft and review corporate contracts and licensing; counsel clients on personal protection, planning and drafting comprehensive estate plans.

ContractsCounsel verified
Attorney and Law Firm Owner/President
19 years practicing
Free Consultation

Melissa Taylor, the President and founding partner of Maurer Taylor Law, specializes in business contract review and drafting and is a second-generation attorney with private firm, in-house counsel, governmental, entrepreneurial, and solo practitioner experience. Melissa has a strong legal background, a dedication to customer service, is friendly, warm and communicative, and is particularly skilled at explaining complex legal matters in a way that's easy to understand. Melissa personally handles all client matters from start to finish to ensure client satisfaction.

ContractsCounsel verified
Attorney/Mediator/Arbitrator
40 years practicing
Free Consultation

Lawrence A. “Larry” Saichek is an AV rated attorney and a CPA focusing on business and real estate transactions, corporate law and alternative dispute resolution. With a background including five years of public accounting and six years as “in house” counsel to a national real estate investment company, Larry brings a unique perspective to his clients – as attorney, accountant and businessman. Many clients think of Larry as their outside “in house” counsel and a valued member of their team. Larry is also a Florida Supreme Court Certified Mediator and a qualified arbitrator with over 25 years of ADR experience.

ContractsCounsel verified
Attorney
32 years practicing
Free Consultation

Entertainment Attorney with 30+ years of experience, representing all aspects of the TV, Film, Music and Publishing Industries

ContractsCounsel verified
Shareholder
11 years practicing
Free Consultation

Aaron focuses his practice on startups and emerging growth companies, providing general counsel services for companies from formation through exit. Aaron frequently advises clients in connection with routine and unique legal, business, and strategic decisions, including corporate, business and technology transactions, angel and venture financings, mergers and acquisitions, protection of intellectual property, and information privacy and data security.

ContractsCounsel verified
Attorney
11 years practicing
Free Consultation

I enjoy helping businesses of all sizes succeed, from start-ups to existing small and medium sized businesses. I regularly advise corporate clients on a variety of legal issues including formation, day to day governance, reviewing and drafting business contracts and other agreements, business acquisitions and sales, as well as commercial and residential real estate issues, including sales, purchases and leases. As an attorney licensed in both Michigan and Florida, I also advise clients on real estate issues affecting businesses and individuals owning real property in either state, whether commercial, residential or vacation/investment property. I also regularly assist nonprofit organizations in obtaining and maintaining tax exempt status, and provide general legal counsel on all matters affecting public charities, private foundations and other nonprofit organizations.

ContractsCounsel verified
Healthcare Law and Employment Expert
11 years practicing
Free Consultation

Pura Rodriguez, JD, MBA is the President and Managing Partner of A Physician’s Firm, based in Miami. She represents healthcare providers from different specialties in a broad range of issues, including contract review, business planning and transactions, mergers and acquisitions, vendor and contract disputes, risk management, fraud and abuse compliance (Anti-Kickback Statute and Stark), HIPAA compliance, medical staff credentialing, employment law, and federal and state regulations. She also assists providers in planning their estates, protecting their assets, and work visa requirements.

Find the best lawyer for your project

Browse Lawyers Now

Want to speak to someone?

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

Request a call