MEETING THE NEEDS OF THE SPANISH-SPEAKING SELF-HELP CUSTOMER 2011 California Conference On...

MEETING THE NEEDS MEETING THE NEEDS OF THE SPANISH-OF THE SPANISH-

SPEAKING SPEAKING SELF-HELP CUSTOMERSELF-HELP CUSTOMER

2011 California Conference 2011 California Conference On Self-Represented LitigantsOn Self-Represented Litigants

Administrative Office of the CourtsAdministrative Office of the CourtsJune 9, 2010June 9, 2010

Understanding Cultural Nuances Understanding Cultural Nuances In order to Reach Clients In order to Reach Clients and Manage Outcomesand Manage Outcomes

Or:Or:

Who are we?Who are we?

Quienes Quienes somos?somos?

Cultural UnderstandingCultural Understanding

The preservation of The preservation of one's own culture one's own culture

does not require does not require contempt orcontempt or

disrespect for other disrespect for other cultures.cultures.

- - Cesar ChavezCesar Chavez

Historical ContrastHistorical ContrastAnglo-America / Hispanic AmericaAnglo-America / Hispanic America

Coming to “Norteamerica”Coming to “Norteamerica”

America is another name for America is another name for opportunity. opportunity.

- Ralph Waldo Emerson- Ralph Waldo Emerson


Humanity may endure the loss of everything; Humanity may endure the loss of everything;

all its possessions may be turned awayall its possessions may be turned away

without infringing its true dignity – without infringing its true dignity –

all but the possibility of improvement.all but the possibility of improvement.

Johann Gottlieb Fichte, Johann Gottlieb Fichte,

1818thth cent. German philosopher cent. German philosopher


Even when no longer Even when no longer dominant, the root dominant, the root culture informs an culture informs an immigrant’s actions immigrant’s actions and reactionsand reactions


Responses to authorityResponses to authority Relationships with family and friendsRelationships with family and friends Sense of priorities and responsibilitiesSense of priorities and responsibilities

Copyright: Genevieve Navar 10

CharacteristicsCharacteristics


“Para el mexicano la vida es solo una posibilidad de chingar o de ser chingado.”

- - Octavio PazOctavio Paz

“ “El Laberinto de la El Laberinto de la SoledadSoledad


Struggle and StrifeStruggle and Strife VulnerabilityVulnerability Acquiescence to CorruptionAcquiescence to Corruption


EnduranceEndurance Loyalty Loyalty Work EthicWork Ethic


A Culture of GeneralizationsA Culture of Generalizations

A Culture of GeneralizationsA Culture of Generalizations

RelationshipsRelationships TimeTime Distance Distance ResponsibilitiesResponsibilities Language Language

……Broad and flexible concepts as to:Broad and flexible concepts as to:


A “Practical” PeopleA “Practical” People


Ready reliance on fantasy, legend,Ready reliance on fantasy, legend,

and convenient deception.and convenient deception.


Advisability is subjective and Advisability is subjective and based on immediacy: based on immediacy:

““Me conviene?”Me conviene?”


Time seems surreal Time seems surreal

and punctuality is dispensibleand punctuality is dispensible..

A Practical PeopleA Practical People

Act now as necessity requires, Act now as necessity requires,

deal with consequences later.deal with consequences later.


Death, Drugs, and ViolenceDeath, Drugs, and Violence

Death and DyingDeath and Dying

““Death is an inevitable end Death is an inevitable end of a natural process. of a natural process.

In a world of facts,In a world of facts, it is one more fact.”it is one more fact.”

- Octavio Paz- Octavio Paz

Drugs and ViolenceDrugs and Violence

The Cartels: No respect for innocenceThe Cartels: No respect for innocence

Domestic ViolenceDomestic Violence

……

DependencyDependency

Domestic ViolenceDomestic Violence

““If I hit the wall instead of my wife, If I hit the wall instead of my wife,

I’ll hurt myself”I’ll hurt myself”

Sense of EntitlementSense of Entitlement

Legal ConceptsLegal Concepts

The differences between the The differences between the United States and Mexico in United States and Mexico in the concept and practice of the concept and practice of

law can lead to serious law can lead to serious misunderstandings and misunderstandings and

misrepresentations.misrepresentations.

Legal MisconceptionsLegal Misconceptions

Defendant in Domestic Violence CourtDefendant in Domestic Violence Court

asking to participate in D.V. counseling:asking to participate in D.V. counseling:

““I’d like both programs, the one for I’d like both programs, the one for alcoholics and the one for neurotics” alcoholics and the one for neurotics”

Other ConceptsOther Concepts

““La Placa”La Placa”

““¿De a como?” and “Mordidas”¿De a como?” and “Mordidas”

““La Pinta”La Pinta”

““Chueco” and “Derecho”Chueco” and “Derecho”

““Compadres”Compadres”

““Convivir”Convivir”

29

What’s in a Name?What’s in a Name?


A people must have dignityA people must have dignity

and identity.and identity.

- - Andrew Goodman* Andrew Goodman*


First Name

Middle Name(“Second” First Name)

Father’s Last Name (“First Last Name”)

Mother’s Maiden Name (“Second Last Name”)


Client/Witness AttitudesClient/Witness Attitudes


Fear and IntimidationFear and Intimidation

Actual and perceived threatsActual and perceived threats Gullibility Gullibility Submissiveness / Shame Submissiveness / Shame


Fear and Intimidation – Fear and Intimidation –

Tools and RemediesTools and Remedies

AwarenessAwareness AssurancesAssurances Referrals and follow-upReferrals and follow-up Acknowledgement and supportAcknowledgement and support


Distrust and Ignorance of Legal SystemDistrust and Ignorance of Legal System

Presumption that corruption rulesPresumption that corruption rules Formality of procedures is chillingFormality of procedures is chilling Evidence rules are perplexingEvidence rules are perplexing Repetition of examination is insultingRepetition of examination is insulting


Distrust and Ignorance of Legal System Distrust and Ignorance of Legal System


Establish trustEstablish trust Describe rolesDescribe roles Explain limitationsExplain limitations Give assuranceGive assurance


Those who have never Those who have never experienced oppression experienced oppression cannot grasp how even the cannot grasp how even the most insignificant matters most insignificant matters can trigger mortal fear.can trigger mortal fear.


Self-Righteousness and EntitlementSelf-Righteousness and Entitlement MachismoMachismo MisassimilationMisassimilation DelusionDelusion MisunderstandingMisunderstanding


Self-Righteousness and Self-Righteousness and Entitlement –Entitlement –


Identify the dynamicIdentify the dynamic Outline legal and ethical requirementsOutline legal and ethical requirements Balance strength with respectBalance strength with respect


Beyond PerceptionsBeyond Perceptions


““Our Our understanding understanding is correlative to is correlative to our perception.” our perception.”

- Robert Delaunay- Robert Delaunay French Artist (1885-1941)French Artist (1885-1941)


Factors that affect Factors that affect perceptionperception::

ValuesValues MotivesMotives History & History & HierarchiesHierarchies ExperienceExperience StressorsStressors


Eye ContactEye Contact GesturesGestures Body LanguageBody Language

Factors that affect Factors that affect communicationcommunication::


IntonationIntonation PlacementPlacement DemeanorDemeanor

Factors that affect Factors that affect communicationcommunication::


Be presentBe present

Respect formalitiesRespect formalities

StrategiesStrategies


Choose words with Choose words with specific meaningspecific meaning

Avoid slang, idioms, Avoid slang, idioms, “humor”, casual “humor”, casual speechspeech



Observe responsive Observe responsive movementsmovements

Confirm understandingsConfirm understandings


““The whole idea of The whole idea of compassion is based on a compassion is based on a

keen awarenesskeen awareness of the interdependence of the interdependence

of all… living beings.”of all… living beings.”- Thomas Merton

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