Yo no entiendo

Miami is a city made up principally of immigrants. I thought I would start with the obvious, just in case you were living under a rock for the last 30 years or happen to be a shut in. Chances are, if you are a lawyer, you have clients who are immigrants and they do not speak English well, if at all. Chances are, if you are not a lawyer, you know people who are immigrants, don’t speak English well, if at all, and will or do need legal assistance.

Also, for those of you who have not been living under a rock or been a shut in, you probably know that there is a constant movement afoot to make English the official and only language of the US. And, in case you didn’t know it, you have no doubt heard someone voice an opinion that people who come to this country should speak English.

From my own perspective, I say people should be left to do as they please. But that’s not what I’m writing about. I’m here to let you know that all the stuff you see and hear on tv about people who want to make English the official and only language of the US (and the backlash brought on by those who think doing so is the beginning of the end) should know –YOU’RE TOO LATE. English is already the official and exclusive language of this country according to the legal system.

True, no one can make you learn the language of Shakespeare (as modified by 230 or so years of usage by Americans) and not doing so may limit your social, employment and educational opportunities, but the legal system unequivocally holds you the words of the English lexicon. If you file a lawsuit in this state (whether in state or federal court) and you intend to rely on the written word as evidence, that written word must be in English. If your documents are in Spanish, Mandarin, French, Creole or any other language, you must provide a certified translation of such document from its native writing into English. If you don’t, no dice.

If you come to court and you have to testify, as a party or a witness, do not think that you are going to miss your chance to tell your story (or get out of it) because you don’t speak English. You will get (or have) to testify through a translator. Who provides the translator very much depends on whether you are in civil or criminal court and whether you qualify as an indigent.

And, just for dramatic effect, I saved the most severe example for last. The law of Florida does not care that you do not read or speak English. You can be a native English speaking American who can’t read or a PhD from Madagascar who simply does not read or write English and the law will treat you the same on this one. You are charged with the duty of knowing what is contained in your written agreements. If you don’t speak or read the language, you have a duty to have someone explain it to you. You do not have a defense to enforcement of the agreement based upon the idea that you cannot read or understand what you signed. Hard to say, then, that English is not our official language.