Donald Trump: The New Chicken Little

As the story goes, an object fell from the sky and hit Chicken Little on the head, prompting Chicken Little to panic and create hysteria throughout his town to warn others that the sky was falling. The sky was not falling, of course, but considerable chaos followed before the truth was discovered.

Like Chicken Little, Donald Trump would have everyone believe that the sky is falling – that is, that uncontrolled immigration and border security is threatening America. To protect America from certain doom, Trump is proposing to build a wall that would keep all immigrants out, deport the 12 million undocumented persons in the U.S., and deport citizens that were born to undocumented parents.  Our Chicken Little has succeeded so far in creating considerable hysteria regarding immigration policy as well as support for his proposed remedies. As the following charts illustrate, however, the hysteria is based on a fantasy that contradicts two key facts about immigration trends in the U.S.

Fact 1:  China, not Mexico, is sending the most immigrants to the U.S.

A special report issued by the U.S. Census Bureau analyzed immigration levels for the period 2000 to 2013, shown below, which illustrated some interesting trends.  First, the level of immigrants to the U.S. from Mexico declined significantly from 400,000 to 125,000 during this period.  Secondly, in 2013 there were more immigrants to the U.S. from China (147,000) and India (129,000) than Mexico (125,000).  Clearly, immigration from Mexico has been declining over the years and does not merit the hysteria that is commonly associated with it.

 “China Replaces Mexico as the Top Sending Country for Immigrants to the

United States,” Research Matters, U.S. Census Bureau, May 1, 2015 

Fact 2:  Border apprehensions of Mexicans have fallen dramatically over the past 14 years, and were higher in 2014 for non-Mexicans. 

In their current report on border apprehensions, the Pew Research Center analyzed U.S. border apprehensions since the year 1970 and revealed yet more evidence that “the sky is not falling.” Apprehensions of Mexicans peaked in the year 2000 with an estimated 1.6 million apprehensions, which declined dramatically to 809,000 in 2007 and 229,000 in 2014.  Interestingly, border apprehensions in 2014 for non-Mexicans (257,000) are exceeding Mexican apprehensions. Are border walls and deportations planned for non-Mexicans as well?

“U.S. border apprehensions of Mexicans fall to historic lows,” Jens Manuel Krogstad

and Jeffrey S. Passel, Pew Research Center, December 30, 2014.   

Ratings of the political candidates show that Trump and his supporters are either unaware, uninterested or indifferent to these facts.  News anchors have explained Trump’s popularity “angry voters” who are tired of establishment politicians and an admiration for Trump’s no-holds barred approach.  In my own view, Trump is the Pied Piper of our times who has managed to persuade a substantial segment of likely voters to suspend reality by embracing a fantasy that simply does not exist.  Trump would have us forget that Mexican immigrants:

• Are frequently the caregivers for the children of middle to higher-income families;
• Are concentrated in the construction industry that builds our nation’s infrastructure;
• Have defended the U.S. in past wars through active participation in our armed forces;
• Have kept our Social Security system solvent because they are not qualified to benefit from the millions of dollars that they contribute annually;
• Are taking the jobs that most Americans do not want but are nevertheless important to our economy, such as agriculture, construction, restaurants and hotels. 

It is indeed difficult to imagine that Americans would be willing to abandon their mutually beneficial relationship with Mexican immigrants, especially when recognizing that the sky is really not falling when it comes to immigration trends.  Perhaps it is time for the political candidates to start talking about some real problems, like the economy, healthcare, and education. If they must talk about border security, perhaps they should begin a conversation about the other border or ports of entry into the U.S.

Is your multicultural research misleading marketing decisions?

Despite the dramatic growth of multicultural populations in the U.S., many survey companies continue to use outdated assumptions and practices in the design and execution of surveys in communities that are linguistically and culturally diverse. Following are some of the more problematic practices that may warrant your attention, whether you are a survey practitioner or a buyer of survey research.

1. Is your survey team culturally sterile?

If your survey team lacks experience conducting surveys in diverse communities, you may  already be dead on arrival. Since most college courses on survey or marketing research do not address the problems that are likely to occur in culturally-diverse communities, mistakes are very likely to happen.  An experienced multicultural survey team member is needed to assess the study challenges and resources. Really, how else will you know if something goes wrong?

2.  Are you planning to outsource to foreign companies?

So your firm has decided to outsource its Latino or Asian surveys instead of hiring your own bilingual interviewers. Think twice about this.  If you have ever monitored interviews conducted by foreign survey shops, you are likely to discover several issues that impact survey quality: language articulation problems, and a lack of familiarity with U.S. brands, institutions, and geography.  The money that you save by outsourcing will not fix the data quality issues that will emerge from these studies. Better to use an experienced, U.S. based research firm with multilingual capabilities that does not outsource to foreign survey shops.

3. Are you forcing one mode of data collection on survey respondents?

Think about it --  mail surveys require reading and writing ability; phone surveys require one to speak clearly; and online surveys require reading ability and Internet access. Forcing one mode of data collection can exclude important segments of consumers that can bias your survey results. Increasingly, survey organizations are using mixed-mode methods (i.e., combination of mail, phone and online) to remove these recognized limitations, and achieving improved demographic representation and better quality data.

4. English-only surveys make little sense in a multicultural America.

Of course, everyone in America should be able to communicate in English, and most do. But our own experience confirms that two-thirds of Latino adults and 7 in 10 Asians prefer a non-English interview when given a choice. The reason is simple: Latino and Asian adults have large numbers of immigrants who understand their native language better than English – which translates to enhanced comprehension of survey questions,, more valid responses, and improved response rates.  Without bilingual support, the quality of survey data is increasingly suspect in today’s diverse communities.

5. Are you still screening respondents with outdated race-ethnic labels?

Multicultural persons dislike surveys that use outdated or offensive race-ethnic labels that are used to classify them – which can result in the immediate termination of the interview, misclassification of survey respondents, or missing data. Published research by the Pew Research Center and our own experience suggests that it is better to use multiple rather than single labels in a question: that is, “Do you consider yourself Black or African American, Hispanic or Latino, Asian or Asian American, white or Anglo American?” Since Latinos and Asians identify more strongly with their country of origin, it is a good idea to record their country of origin or provide a listing of the countries represented by the terms Latino or Asian.  Use of the label Caucasian is often used along with the white label, but should be avoided because the Caucasian category also includes Latinos.

6.  Are your survey respondents consistently skewed towards women?

A common problem is that multicultural males are considerably more reluctant than white males to participate in surveys, which often results in survey data that is overly influenced by female sentiments and behaviors. The imbalance often results from the poor management of interviewers who dedicate less effort to getting males to cooperate. Rather than improve data collection practices that create such imbalances, survey analysts will typically apply post-stratification weights to correct the imbalance even when large imbalances are found – a practice that can distort the survey results.  It is always a good practice to review both un-weighted and weighted survey data to judge the extent of this problem.

7.  Online panels are not the solution for locally-focused multicultural studies.

With high anxiety running throughout the survey industry from the recent FCC settlement of $12 million with the Gallup Organization, many survey companies will likely replace their telephone studies with online panels.  For nationally-focused surveys, online panels may be an adequate solution to reach a cross section of multicultural online consumers. For local markets, however, the number of multicultural panel members is often insufficient to complete a survey with a minimum sample of 400 respondents. Worse yet, the majority of multicultural panel members are the more acculturated, English-speaking, higher income individuals – immigrants are minimal on such panels. Online panel companies will have to do a better job of expanding their participants with multicultural consumers. In the meantime, don’t get your hopes too high.

8.  Translators are definitely not the last word on survey questionnaires.

So your questionnaire has just been translated by a certified translator, and you are confident that you are ready to begin the study of multicultural consumers. After a number of interviews, however, you learn that the survey respondents are having difficulty understanding some of the native language vocabulary being used, and interviewers are having to “translate-on-the-fly” by substituting more familiar wording – a major problem in multicultural studies. It is obvious that the survey team placed undue confidence on the work of the certified translator, and did not conduct a pilot study of the translated questionnaire to check for its comprehension and relevance among the target respondents.  A good pilot study can save you time, money and headaches.

These tips represent only a partial listing of the many ways in which a survey can misrepresent multicultural communities.  Industry recognition of these types of problems is a first step towards their elimination, although survey practitioners are slow to change their preferred ways of collecting data. Raising the standards for multicultural research will perhaps pick up steam once higher education institutions require the study of these issues in their research courses, and buyers of research require higher standards from research vendors.

You can reach Dr. Rincón at edward@rinconassoc.com

© Rincón & Associates LLC 2015

Some Simple Truths About Language Usage Among U.S. Latinos

Give me a break  -- 55 million Latinos in the U.S. and confusion still lingers about the best language to use when communicating with Latinos?  Corporate America continues to pour millions of dollars into Spanish-language media, documents, and campaigns despite the fact that Latinos are becoming increasingly more English-dominant, and audiences for Spanish-language television, radio and print have been losing audiences for some time. Apparently, few marketers have come to grips with the demographic reality that two-thirds of U.S. Latinos are native-born and depend primarily on English-language communications.

This paradox has lingered for two main reasons.  First, too many self-serving marketers and media shops have sold the Spanish language as the single gateway to the Latino community in the U.S., reinforced by a history of biased, self-serving research studies.  Secondly, our nation’s academic institutions continue to produce graduates with little knowledge about the language and other characteristics of U.S. Latinos. In short, the collective Latino IQ of Corporate America is embarrassingly low and unable to distinguish fact from fantasy.

To clear up some of this confusion, I would like to share some simple truths about language usage gleaned from my 36 years of practical experience in conducting surveys and experiments with Latinos for a broad spectrum of private, public and academic clients. I am not a linguistics expert, but have studied the use of language in these studies. This experience has been reinforced by teaching undergraduate and graduate courses on Hispanic marketing, survey research, statistics, and mass communications.  Thus, these simple truths are not just subjective impressions about language usage, but grounded in academic and real-world experiences.

1. Not all Latinos communicate in Spanish.

We have heard and read about it for many years – Latinos have better recall of advertisements in Spanish, Latinos make love in Spanish, the love affair with Spanish telenovelas, and so on.  As a result, marketers continue to pour millions of advertising dollars into Spanish-language media and communications believing that they are reaching all segments of Latinos. However, substantial research evidence confirms the following two facts:

·       Spanish-language audiences are comprised primarily of recent immigrants who are generally less educated, have lower incomes, are the least connected to the Internet, and primarily apartment dwellers.

·       By contrast, native-born Latinos are more dependent on English-language communications,  and generally include children, voters, higher income earners, homeowners, the more highly educated and Internet connected, and professionals.

Although many marketers may prefer to bury their heads in the sand and remain loyal to their Spanish-language strategies, the organizations that are paying for advertising and media placements should be informed that their Spanish-language advertisements may not be reaching a sizeable segment of Latino consumers.

2. Do you understand what I am saying?

It is often the case that a Latino customer is presented a form to complete a transaction or register for a program or service.  Attorneys, healthcare providers, and mortgage companies often present documents that need signatures on documents that involve important decisions. In such circumstances, Latinos are typically asked if they understand what is being explained or what they are reading, and a head nod or “yes” response is usually accepted as confirmation that the information was “understood.”  But is this type of confirmation a valid one?   Perhaps not in some cases,  because there is no follow-up evidence that the information was really understood.  Latinos, especially immigrants, will often confirm that they understand an instruction or a document to save face and not admit that they lack the ability to read or understand that language. Consequently, it is important to ask a Latino customer to explain or demonstrate their comprehension of an instruction by asking them to repeat in their own words what the instruction means, or asking them to physically demonstrate their comprehension. In a healthcare setting, for example, it would be advisable to ask a Latino to repeat, in their own words, the instructions for taking their medication(s)  – clearly a more valid measure of comprehension than a simple head nod.

3. Translators are not the last word on language decisions.

Over the past years, I have used translators for a variety of tasks and languages, and appreciate the function that they serve. With few exceptions, I always use a certified translator with experience in the subject matter at hand, whether legal, healthcare, insurance, etc. – which helps to affirm the accuracy of the translation. However, it is a mistake to think that your job is done when a translator submits their finished product.  In addition to the accuracy of the translated document, it is equally important to know who the intended audience will be and their ability to read and understand the document.  Translators do not always know who the intended audience is, and sometimes produce documents whose reading difficulty level is too high, or include words or phrases that are unfamiliar to the intended audience. By copy testing or pilot testing the translated document, one can have the added assurance that the appropriate communication has been established with the Latino consumer.    

Hence, your customer, not the translator, should have the last word on the acceptability of translated documents.

4. The use of Spanish is decreasing, not increasing.

Although media stories often talk about the large numbers of Latinos that watch Spanish-language television, the media hype contradicts what has been known by demographers for the past decade. That is, the number of Latino immigrants in the U.S. – the primary audience for Spanish-language media – has been decreasing in recent years. As explained by the Pew Research Center, the demand for Spanish-language communications of all types is expected to decrease in the coming years, while the demand for English-language communications will increase as the children of the immigrants comprise a larger component of future population growth.  Of course, this does not mean that an organization should not offer or eliminate Spanish-language support; on the contrary, it underscores the importance of also including English-language communications when reaching out to Latino consumers.

5. Speaking Spanish is not an automatic qualifier for reading or writing in Spanish.

Naïve marketers are often surprised to observe that Latinos can be conversing in Spanish quite comfortably, but may have difficulty when asked to read or write in Spanish. What some marketers fail to understand is that a language usually has at four basic functions or components --  reading, speaking, writing, and listening --  and proficiency in one of these functions does not necessarily mean proficiency in the other functions. In addition, many immigrants from Mexico lack formal education and cannot read or write in Spanish, while other immigrants from Latin America tend to be more highly educated and literate.  By better understanding the origins and educational background of Latinos, marketers can develop communications that will be understood by Latinos in their target audience. Thus, one should always consider the language function being utilized when evaluating a translated document.

6. While the U.S. Census Bureau collects language data, it can be misleading.

Organizations often quote language statistics collected by the Census Bureau as evidence about the number of Spanish-speaking households that reside in the U.S. at any point in time.  The quality of this language data, however, is limited in several ways.  First, one question in the American Community Survey (2015) asks:  “Does this person speak a language other than English at home?” If the question is answered “yes,” then the next question that follows is:  “What is this language?  Thus, we learn from these two questions the number of persons that speak Spanish and other languages as well.  But it does not ask how well Spanish is spoken, or the extent to which that person uses Spanish in any given task.  Presumably, if a person utters one word in Spanish, then they are considered a “Spanish speaker.”

The only other language question included is:  “How well does this person speak English?” – to which one is provided four options:  “Very well,” “Well,” “Not well,” and “Not at all.”  While this type of language proficiency question is useful in providing some guidance on how well a person speaks the English language, other research that I have summarized elsewhere shows that Latinos tend to over-estimate their language skills on self-reported measures like the one used by the Census Bureau – a consequence of social desirability.  That is, native-born Latinos who are more English-language proficient often want others to think that they speak Spanish better than they actually do.  Immigrants, who are more Spanish-language proficient, often want others to think that they speak English better than they actually do.  Even when they claim proficiency in both languages, 9 in 10 native-born Latinos will choose an English-language interview when given a choice, while 9 in 10 immigrants will choose a Spanish-language interview.  Hence, the language that a Latino chooses when provided a choice is a more valid indicator of their language dominance than their self-reported language proficiency.  Our experience suggests that Latinos should always be provided the choice of English or Spanish when asked to complete a task – such as an interview or a written document. This simple procedure will usually assure that you will get a more valid response.  These Census Bureau language questions, while useful, are crude measures of language behavior that should be used cautiously when evaluating the language behavior of U.S. Latinos. Click on this link to read the white paper entitled “Are Latinos Over-Estimating Their Language Abilities with Self-Reported Measures?”  http://www.rinconassoc.com/category/publications  

7. Employers take great risks when using Latino employees for translations or language advice. 

As a shortcut, some companies will utilize Latino employees to translate documents or interpret on the spot when the situation demands it.  Unless you know the training and education of that employee, you are taking unnecessary risks in assigning them this responsibility. Latinos that are born in the U.S. rarely study Spanish formally in school and rely on the Spanish that they have heard or used growing up in their communities – often a mixture of English and Spanish.  Important documents that relate to employee personnel procedures, healthcare, safety, insurance or legal matters should only be translated by a certified translator and copy-tested to ensure that employees understand the translated documents or other visual aids.  Experience also suggests that graphic symbols, such as those used in hazard warning signs, also have cultural components that may not communicate the same message to culturally-diverse groups. Copy testing is especially important with signage that relies on graphic symbols since they are often used to warn or prevent injuries or accidents. 

8. Knowing a language does not necessarily mean that you know the culture. 

In the employment world, many occupations require proficiency in one or several languages.  While proficiency in a language other than English is a definite asset in many jobs, it should not be confused with knowledge of a particular culture.  It is not uncommon, for example, for a foreign-born Latino with an excellent command of the Spanish language to receive more consideration for a job than a similarly educated Latino whose Spanish proficiency is not as well polished --  the assumption being that a higher language proficiency also means more knowledge of the culture.  This assumption may not necessarily be a valid one since a native-born Latino may indeed have more knowledge of the U.S. Latino culture than a foreign-born Latino who happens to communicate well in Spanish. If the job  involves responsibilities with U.S. Latino consumers, then knowledge of the Latino culture in the U.S. should be just as important in employment decisions as proficiency in a language.

9.  Are Latinos really diverse?

I often hear statements about the wide diversity in Latino communities, a reference to the numerous countries of origin represented throughout the U.S.   Indeed, the U.S. Census Bureau tells us that about 22 countries are represented in the category known as Hispanic or Latino.  A look at the Latino population in some geographic areas, however, would lead one to re-think the use of the word “diversity.”  For example, the State of Texas included  10.1 million Latinos in 2013, representing a broad variety of Spanish-speaking countries.  However, fully 88 percent of Texas Latinos were of Mexican origin – not exactly the picture of diversity. Decisions regarding language usage should consider the primary countries of origin represented by the Latinos living in a particular community since the type of Spanish utilized can vary by country of origin.  How can you find out about the country of origin for a particular community?  It’s easy – just visit the Census Bureau Factfinder web site at http://factfinder.census.gov/faces/nav/jsf/pages/index.xhtml to obtain the Latino country of origin for any city, county, metropolitan area or state.

10.  Language ability depends on sight and sound as well.

My experience in conducting hundreds of focus groups with Latinos has shown that their ability to understand a written document or verbal instruction is sometimes influenced by limitations related to their visual acuity and hearing impairments.  Latinos will not readily admit when they are unable to see very clearly, but an astute observer will notice non-verbal cues that suggest a vision problem.  Similarly, hearing impairments can be subtle and not usually something that will be readily apparent.  As a moderator, I have addressed such issues by reading a document out loud so that everyone can hear and understand the instruction, and ensure that any written documents are provided in large fonts to enhance their readability. Rather than embarrass a person because they cannot see or hear very well, it makes more sense to offer options that will allow all persons to participate in the task or activity. 

Latinos and the Dallas Legal Community: A Case of Two-Way Myopia

Like Mr. Magoo, our legal community sometimes has difficulty seeing beyond their most immediate surroundings. A good example is the large presence of Latinos in the Dallas area, who generally capture the attention of attorneys when they have a problem that is related to traffic accidents, personal injury, immigration or crime – a form of myopia that seems to show little change. This practice is compounded by the myopia of Latinos who often lack knowledge of our legal system and how it can benefit them in other areas as well. This two-way myopia is not a permanent problem, but has a remedy once some of the underlying issues are understood.  This disconnect has the potential of creating a community of Latinos that are becoming increasingly vulnerable to events that threaten their most valued assets. To get the conversation going, I would like to share a few insights about Latinos based on the research that I have conducted in past years and hopefully shed some light on this growing problem. 

 Some Things That We Know About Latinos 

The increasing presence of Latinos in the U.S. has not escaped the attention of the legal industry. In its recent report entitled Latinos in the United States: Overcoming Legal Obstacles, Engaging in Civic Life, the American Bar Association’s Commission on Hispanic Legal Rights and Responsibilities provided a comprehensive review and discussion of the various issues that U.S. Latinos experience in eight distinct areas:  employment, housing, education, healthcare, criminal justice, media and Latino images, and diversity in the legal profession.  The report provides its readers with an excellent foundation for understanding the many challenges that impact the quality of life for Latinos and some possible remedies (www.ambar.org/chlrr).  Our focus on Latinos in Dallas County, Texas provides a detailed look at how Latinos in one community manage  some of these challenges and the extent to which their legal needs are fulfilled by the current legal community in Dallas County.

Latinos are both numerous and unique. According to the Texas State Data Center, Dallas County Latinos currently represent 4 in 10 residents, and are projected to grow to 6 in 10 residents within 30 years. Many organizations are discovering the Latino presence in schools, churches, business, supermarkets, sports, the courts, and other areas, and realizing that Latinos are also unique in various ways.

For example, it has not gone unnoticed to some attorneys that Latinos are concentrated in blue collar jobs that result in more personal injuries and deaths than their non-Latino counterparts. About 6 in 10 Latinos are foreign-born, meaning that they are very likely to need advice on immigration matters as well as Spanish-language support. The recent surge of children entering the U.S. from unstable Latin countries illustrated the demands made on legal professionals who can communicate in Spanish. And their high rate of Latino business formation, about three times higher than the general population, points to the need for advice on business matters as well.

Unfortunately, their generally lower income and education means that Latinos often lack familiarity with the legal system and how it can benefit their families and businesses. Yet others will consult a “notario” – a person that is not licensed or trained to give legal advice but provides it nonetheless for a fee.  The Latino situation is indeed dire and results in their heightened vulnerability to the many problems which families and business owners are likely to encounter on a daily basis. 

Some attorneys have become reluctant to address the needs of Latinos, who are perceived as likely pro bono clients and presenting more challenges to serve properly.   Census data, however, tells us that Latinos are not exactly without economic means. In 2013, for example, Latino households in Dallas County earned an aggregate income (i.e., gross measure of buying power) of $12 billion – representing 19 percent of the area’s total aggregate income of $65 billion. The Survey of Business Owners in 2007 identified 35,056 Hispanic-owned firms that reported sales and receipts of $5.6 billion. In addition, much of the recent migration from Mexico and other Latin American countries includes highly educated business owners that need legal services for commerce. Think about it:  if Latinos were that poor, how is it that many national retailers – airlines, supermarkets, food and beverages, automotive – continue to earn millions in profits from the spending habits of Latino consumers?  While the media may portray Latinos largely as under-achievers and steeped in poverty, they contribute substantially to the economic growth of many U.S. communities. Let’s turn our attention now to some interesting facts about the Dallas legal community.

Some Things That We Know About Our Legal Community 

There are three aspects of the legal community that, in my opinion, have direct relevance to helping us understand the disconnect between Latinos and the legal community.  These three aspects include trust in the legal industry, the traditional practices of area attorneys, and the role of law schools and other community educators.   

In their annual Trust in Advertising Report conducted in 58 countries, The Nielsen Company concluded that the most trustworthy source was earned advertising (i.e., word-of-mouth from friends and family) (84%); second in trustworthiness were branded web sites (69%); and ranked third were consumer opinions posted online (68%).  The study of trust in the legal industry has not been commonplace, although one key study of Texas residents (sponsored by the State Bar of Texas, Texas Supreme Court and Texas Court of Criminal Appeals, 1998) revealed that lawyers were rated the lowest in terms of their honesty and ethics. Based on ratings of  “very” or “somewhat” honest or ethical,  the rating was lower for lawyers (40%), while higher ratings were given to teachers (85%), doctors (77%) and judges (71%). Most lawyers, however, were perceived as being very competent in their profession (77%). These public perceptions may or may not have changed since the study was conducted; however, they underscore the challenge that lawyers face in developing trust with the clients that they serve. 

The manner in which the legal community is composed also deserves some attention in our discussion. A recent New York Times article (Law Schools’ Applications Fall as Costs Rise and Jobs Are Cut, 1-30-13) reminds us that the future availability of lawyers is diminishing as a result of steep increases in the cost of a legal education and an employment market that saddles many law school graduates with high debt – a trend that will impact the availability of Latino attorneys. For example, a Latino looking in Dallas County for a Latino attorney is likely to be frustrated with the available choices. Of the 14,607 attorneys registered in Dallas County during 2011-2012, the State Bar of Texas tells us that only 627 were Latino attorneys while 13,980 were non-Latino attorneys.  This translates to 1 non-Latino attorney for every 108 non-Latino residents, but only one Latino attorney for every 1,543 Latino residents. This disparity is a clear signal that Latinos searching for a Latino attorney may need to consider other options to address their legal needs.

Adding to the problem is the narrow focus of attorneys that serve Latinos. Based on my own observations of attorney advertisements (TV, billboards, newspapers, etc.), Dallas-area attorneys that focus their services on Latinos generally practice in four areas:  immigration, crime, personal injury, and traffic accidents. Often ignored, however, is legal representation that would help Latinos protect their most important assets in the areas of intellectual property (patents, copyrights, trademarks); business contracts; business formation; wills; foreclosures; and bankruptcies. Some attorneys may assume that Latinos have less need for these services; however, I would argue that quite the opposite is true. For example, Latinos have a history of inventiveness that requires the need for intellectual property attorneys to protect their inventions from predators in the marketplace. The U.S. Patent and Trademark Office (USTPO.gov) identifies the many inventions by Latinos that contributed to the social and economic well-being of our nation. These Latinos were fortunate to acquire the legal support needed to protect their important inventions; however, there are potentially many Latinos with innovative ideas that will suffer economically due to the many predators that benefit from intellectual property theft. Indeed, The National Crime Prevention Council estimated that intellectual property thefts cost the American economy more than $250 billion and 750,000 jobs per year. Clearly, Latinos are in dire need of IP attorneys that can protect their innovations.

The recent mortgage crisis illustrates the economic harm that can occur when predatory financial institutions focus their attention on vulnerable groups like Latinos. In their recent article Latinos Bearing the Brunt of the Foreclosure Crisis, the Center for American Progress reminds us that the housing crisis was particularly hurtful to Latinos, who faced a foreclosure rate of 11.9 percent – significantly higher than the foreclosure rate among African Americans (9.8%) and whites (5.0%).  As the study authors explained: “Latinos were disproportionately targeted for risky subprime loans and were victims of predatory lending practices from major banks, even when their income and credit scores qualified them for a less expensive mortgage.” (p. 2). Although homeownership is recognized as one of the best ways to build wealth and assets, many Latinos lost out on this opportunity because they lacked the knowledge and community resources to insulate them from these predatory institutions.

Educational initiatives designed to train lawyers, business owners and the general public sometimes miss the mark in addressing the legal needs of Latinos.  The traditional law school curriculum may not have the time or resources to provide students the insights that they need to evaluate community needs, especially as it concerns groups like Latinos. Community colleges, chambers of commerce and other community organizations that have more direct contact with the Latino community generally offer seminars or courses on starting a business, marketing strategies, developing a business plan, and accounting principles. Curiously missing, however, is instruction on legal topics designed to protect their personal and business assets. A recent welcomed addition to the metroplex is The Center for Innovation in Arlington, Texas which provides pro bono assistance for patent applications. Hopefully, area Latinos will take advantage of the Center’s support.

New Things That We Learned About Latino Legal Needs

These observations address only part of the story about the legal experiences of Dallas-area Latinos. To fill in the gaps, our firm conducted a scientific poll of 400 Dallas County Latino adults, and discussed the poll findings in a recent report entitled Legal Watch Dallas 2014.  Following are some of the interesting things that we learned about the typical legal experiences of Latinos which expand upon our previous observations. 

·        Name recognition of attorneys or law firms is a problem: Nearly half of the respondents (46.2%) could not recall any name of an attorney, law firm or other organization.  Apparently, over half of Dallas area attorneys are not even on the Latino radar screen in this community.

·        Not all Latinos are looking for a Latino attorney.  About three in ten (31.5%) Latinos had used an attorney or legal service; however, Latinos were just as likely to use Latino attorneys as non-Latino attorneys. Nonetheless, over four in ten foreign-born Latinos (41.0%) believed that a non-Latino lawyer would encounter difficulty understanding the problems faced by their families. By contrast, considerably fewer native-born Latinos (15.9%) felt that this would be a problem.

·        When choosing an attorney, Latinos placed a great deal of importance on trustworthiness and recommendations by friends and family members.  Over eight in ten (83.0%) Latinos felt that an attorney should look like someone that they trust, although only half of the respondents (48.0%) believed that it was important that the attorney be a Hispanic or Latino.  Interestingly, Latinos valued an attorney that was well known, but they were not as impressed that the attorney advertised a lot (32.0%). 

·        The expected legal needs of Latinos included immigration, personal injuries and business matters. Not surprisingly, the study revealed that immigration (42.0%) and personal injuries (34.5%) were high-demand needs for Latinos.  However, a distinct need for legal advice was also apparent for business-related issues like the signing of important contracts (43.0%), setting up a new business (28.5%), a business bankruptcy (14.2%), and obtaining a patent or trademark (13.8%).

·        Personal relationships and web sites were utilized more often than traditional media sources to find information about attorneys. When seeking information about attorneys, Latinos were more likely to rely on family members (74.0%), friends (73.0%), and web sites (57.0%), and less likely to rely on advertisements on television (35.2%), newspapers (28.8%), radio (28.2%), yellow pages (26.8%) and social media (18.0%).    

·        Family members were the most trusted source of information about attorneys. Nearly four in ten Latinos (39.2%) felt that family members were their most trusted source of information regarding attorneys, followed by web sites (23.2%). The level of trust was distinctly lower for such sources as television ads (9.8%), friends (8.5%), and yellow page ads (3.5%).

·        If needing legal advice today, Latinos were more likely to consult a lawyer or a personal relationship like a friend or family member. Over four in ten (43.8%) Latinos would hire a lawyer if they needed legal advice, while three in ten Latinos (30.5%) would consult a friend or family member. Interestingly, over one in ten Latinos (12.2%) would consult a web site like LegalZoom.com, or visit a legal clinic (9.2%) for those who could not afford a lawyer. 

A Collective Call-to-Action

The poll findings vividly show that the disconnect between Latinos and the legal community has various elements that will likely require the collective action of various organizations to remedy.  These organizations include members of the legal community, community organizations, the media, and family members (see Figure below).  The basic model assumes that Latinos will not be passive participants in this process and will be expected to engage by participating in activities sponsored by these organizations that are designed to familiarize them with the legal protections and instruments that will protect their assets.  

Model of Latino Community Engagement

The legal community, which includes law schools, attorneys, and bar associations, are likely to have the greatest impact.  Law schools should modify their curriculum and require law students to take a course on understanding and communicating with Latinos or other key segments of the community where they plan to practice. Internship experiences could be encouraged with law firms that serve large numbers of Latino clients. Bar associations could offer incentives for its members to serve Latinos with intellectual property concerns.  Practicing attorneys, especially those with specializations in intellectual property, bankruptcies, foreclosures, wills, and other asset protection practices should offer free seminars to educate Latinos regarding some of the basic legal considerations regarding protection of assets.

Community organizations, including chambers of commerce, immigration centers, churches and other non-profits, have the added advantage of being trusted sources among Latinos, which can direct Latinos to credible sources in the community or sponsor seminars where attorneys with the relevant legal experiences can address the fundamental principles of laws that protect their assets.

Media organizations, while not the most trusted sources of information about attorneys, nevertheless reach many Latinos and are effective in making them aware of the legal resources available in their community. Once aware, Latinos will likely seek the approval of family members or other trusted sources before engaging an attorney.

Family members, while not an organization, are nevertheless an important element of the engagement process for legal services. The role of family members can be both negative and positive, of course.  Family members with little or no experience with attorneys may discourage a family member from seeking needed legal advice, or perhaps direct a family member to a “notario” who is not licensed to practice law but may have earned a trusted role in the Latino community.  On the positive side, Latinos that have had some experience using attorneys will be more likely to advise family members to seek legal advice.  When Latinos have little knowledge or experience with the legal system, the role of community organizations becomes even more critical as a trustworthy vehicle that can direct such Latinos to the appropriate legal experts.

Lastly, the Latino individual should be encouraged to seek assistance in matters related to the protection of their assets, and not remain a passive participant in this process. As with many legal matters, Latinos often postpone the engagement of an attorney until something goes wrong – a traffic accident, a personal injury, a deportation, incarceration, etc.  In regards to the protection of assets like intellectual property, wills, and bankruptcy,  Latinos are less likely to be familiar with the consequences of not filing for patents or trademarks, wills or bankruptcy, and may thus lose their assets before an attorney is engaged.  Latino business owners, in particular, should understand that obtaining legal advice on contracts or intellectual property matters should be an essential element of running their businesses.  Interestingly, our own research and experience with Latinos shows that while trust is an essential part of establishing relationships, it is also the case that Latinos can be overly trusting of others and sometimes overlook the need to protect their assets. Such cultural factors need to be a focus of discussion in training activities as well.

In summary, it is my hope that the ideas expressed here will inspire members of the Dallas legal community and our various community organizations to focus their collective talents and engage Latinos with services and programs that will help secure their personal and business assets into the future.

Politicians’ Reckless Disregard for Our Quality of Life

“In politics, an absurdity is not a handicap”

                             -- Napoleon Bonaparte

Napoleon’s statement rings true as we witness the series of absurdities that are taking place in Texas today.  Take a few minutes to read about how Texas politicians are prepared to radically change your quality of life.

Legislative Theft:  While the Declaration of Independence guaranteed our right to the pursuit of life, liberty and happiness, Texas legislators apparently see no problem in eliminating this right by supporting legislation that will remove the power of Texas cities to limit the expansion of fracking activities in their communities. Research studies have confirmed the association of fracking activities with earthquakes, their negative impact on roads and highways, contamination of our air quality and water supply, and harmful negative effects to people who are exposed to the dangerous chemicals used in fracking operations. In addition, many areas in Texas are experiencing severe draught while water shortages and restrictions have become commonplace.  Despite this, our lawmakers see no problem in allowing the oil and gas industry to continue their fracking activities which consume millions of gallons of water and are rapidly depleting our scare water resources. This appears to be promoting the pursuit of misery, not happiness.

The New Western World: Thousands of lives are lost to gun violence each year. Rather than limit the spread of arms, Texas legislators are supporting the open-carry law which promises to greatly expand the number of residents that carry guns in public.  Women are often the victims of domestic and gun violence, while national coverage of questionable police shootings show that Hispanics and African Americans are increasingly the victims of trained law enforcement officials that feared for their own safety. Any guess about who will be the likely targets of gun violence by the mostly untrained gun carriers in Texas?  Rather than seek a peaceful resolution of conflicts, Texans may find it more convenient to resolve their conflicts with guns at the slightest provocation to their personal safety.

Mixed Priorities: Politicians like Mayor Rawlings continue to advocate for the construction of expensive toll roads to alleviate transportation problems, despite the absence of community support for such high-ticket investments and evidence that such solutions can also increase traffic congestion.  Such “monuments” can glorify the legacy of a politician’s career but may serve no useful purpose to a community.  With the third highest poverty rate in the U.S. and deteriorating streets that require an estimated $900 million to repair, Mayor Rawlings needs to get his priorities aligned with the desires of Dallas City residents and spend less attention to glorifying his legacy as mayor.  

Dictating Election Outcomes: Strong leaders are needed in many communities, and many centers of leadership excellence have evolved to address this need.  It seems a contradiction, however, for media organizations like the Dallas Morning News to use the power of their influence to discourage voter participation in local elections by declaring repeatedly in their campaign coverage that these aspiring leaders have no chance of being elected. The DMN has spared no effort to glamorize the candidacy of Mayor Mike Rawlings in their news stories, while also describing challenger Marcos Ronquillo as a “long shot” with minimal visibility.  Do we really need the DMN to dictate the mayoral election outcome, and also tell us that the Hispanic community has a short supply of leaders? Moreover, how much trust can we place on polls sponsored by a news organization with such biased viewpoints? The DMN does the best job when reporting the news, not in creating news that is misleading and biased.

 It is lamentable that Texans have grown accustomed to accepting the absurdities that politicians present to us, even when they are clearly harmful to our quality of life. Such absurdities are made more believable by the biased news stories that we read on a daily basis, and reports of substantial campaign contributions from business interests – often the only metrics by which successful campaigns are judged.  Texas residents need to improve their political and environmental intelligence by becoming more informed about the destructive programs and policies that are being supported by our lawmakers, protesting these policies, and forming organized efforts to remove lawmakers who are indifferent to our quality of life in Texas. 

Lawmakers that continue to support public policies that destroy the quality of life in our communities have lost their moral compass, opting instead to reward their campaign contributors and extend their political careers. Texans should not be forced to be the sacrificial lambs, and our children should not be required to inherit the consequences of these absurd decisions