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Transcript of MEETING THE NEEDS OF THE SPANISH-SPEAKING SELF-HELP CUSTOMER 2011 California Conference On...
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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
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Understanding Cultural Nuances Understanding Cultural Nuances In order to Reach Clients In order to Reach Clients and Manage Outcomesand Manage Outcomes
Or:Or:
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Who are we?Who are we?
Quienes Quienes somos?somos?
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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
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Historical ContrastHistorical ContrastAnglo-America / Hispanic AmericaAnglo-America / Hispanic America
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Coming to “Norteamerica”Coming to “Norteamerica”
America is another name for America is another name for opportunity. opportunity.
- Ralph Waldo Emerson- Ralph Waldo Emerson
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Coming to “Norteamerica”Coming to “Norteamerica”
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
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Coming to “Norteamerica”Coming to “Norteamerica”
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
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Coming to “Norteamerica”Coming to “Norteamerica”
Responses to authorityResponses to authority Relationships with family and friendsRelationships with family and friends Sense of priorities and responsibilitiesSense of priorities and responsibilities
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Copyright: Genevieve Navar 10
CharacteristicsCharacteristics
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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
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CharacteristicsCharacteristics
Struggle and StrifeStruggle and Strife VulnerabilityVulnerability Acquiescence to CorruptionAcquiescence to Corruption
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CharacteristicsCharacteristics
EnduranceEndurance Loyalty Loyalty Work EthicWork Ethic
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Copyright: Genevieve Navar 14
A Culture of GeneralizationsA Culture of Generalizations
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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:
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Copyright: Genevieve Navar 16
A “Practical” PeopleA “Practical” People
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A “Practical” PeopleA “Practical” People
Ready reliance on fantasy, legend,Ready reliance on fantasy, legend,
and convenient deception.and convenient deception.
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A “Practical” PeopleA “Practical” People
Advisability is subjective and Advisability is subjective and based on immediacy: based on immediacy:
““Me conviene?”Me conviene?”
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A “Practical” PeopleA “Practical” People
Time seems surreal Time seems surreal
and punctuality is dispensibleand punctuality is dispensible..
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A Practical PeopleA Practical People
Act now as necessity requires, Act now as necessity requires,
deal with consequences later.deal with consequences later.
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Copyright: Genevieve Navar 21
Death, Drugs, and ViolenceDeath, Drugs, and Violence
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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
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Drugs and ViolenceDrugs and Violence
The Cartels: No respect for innocenceThe Cartels: No respect for innocence
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Domestic ViolenceDomestic Violence
……
DependencyDependency
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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
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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.
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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”
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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”
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29
What’s in a Name?What’s in a Name?
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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*
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What’s in a Name?What’s in a Name?
First Name
Middle Name(“Second” First Name)
Father’s Last Name (“First Last Name”)
Mother’s Maiden Name (“Second Last Name”)
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What’s in a Name?What’s in a Name?
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Copyright: Genevieve Navar 33
Client/Witness AttitudesClient/Witness Attitudes
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Client/Witness AttitudesClient/Witness Attitudes
Fear and IntimidationFear and Intimidation
Actual and perceived threatsActual and perceived threats Gullibility Gullibility Submissiveness / Shame Submissiveness / Shame
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Client/Witness AttitudesClient/Witness Attitudes
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
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Client/Witness AttitudesClient/Witness Attitudes
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
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Client/Witness AttitudesClient/Witness Attitudes
Distrust and Ignorance of Legal System Distrust and Ignorance of Legal System
Tools and RemediesTools and Remedies
Establish trustEstablish trust Describe rolesDescribe roles Explain limitationsExplain limitations Give assuranceGive assurance
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Client/Witness AttitudesClient/Witness Attitudes
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.
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Client/Witness AttitudesClient/Witness Attitudes
Self-Righteousness and EntitlementSelf-Righteousness and Entitlement MachismoMachismo MisassimilationMisassimilation DelusionDelusion MisunderstandingMisunderstanding
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Client/Witness AttitudesClient/Witness Attitudes
Self-Righteousness and Self-Righteousness and Entitlement –Entitlement –
Tools and RemediesTools and Remedies
Identify the dynamicIdentify the dynamic Outline legal and ethical requirementsOutline legal and ethical requirements Balance strength with respectBalance strength with respect
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Copyright: Genevieve Navar 41
Beyond PerceptionsBeyond Perceptions
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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)
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Beyond PerceptionsBeyond Perceptions
Factors that affect Factors that affect perceptionperception::
ValuesValues MotivesMotives History & History & HierarchiesHierarchies ExperienceExperience StressorsStressors
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Beyond PerceptionsBeyond Perceptions
Eye ContactEye Contact GesturesGestures Body LanguageBody Language
Factors that affect Factors that affect communicationcommunication::
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Beyond PerceptionsBeyond Perceptions
IntonationIntonation PlacementPlacement DemeanorDemeanor
Factors that affect Factors that affect communicationcommunication::
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Beyond PerceptionsBeyond Perceptions
Be presentBe present
Respect formalitiesRespect formalities
StrategiesStrategies
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Beyond PerceptionsBeyond Perceptions
Choose words with Choose words with specific meaningspecific meaning
Avoid slang, idioms, Avoid slang, idioms, “humor”, casual “humor”, casual speechspeech
StrategiesStrategies
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Beyond PerceptionsBeyond Perceptions
Observe responsive Observe responsive movementsmovements
Confirm understandingsConfirm understandings
StrategiesStrategies
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““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