intellectual property
Anti-Immigrant Bashers: Time to Look in the Mirror

For many political campaigns, the immigration issue is being elevated as the winning formula for energizing conservative voters who have grown increasingly intolerant of immigrants.  Governor Gregg Abbott, Lt. Governor Dan Kirkpatrick, and Senator Ted Cruz are among the many politicians who have spared no expense in bashing immigrants to advance their campaign objectives. No amount of objective information is likely to change the sentiments of these politicians, who are more likely to follow President Trump’s mantra of dismissing factual information as “fake news” and using isolated instances of crime by undocumented immigrants to paint the entire immigrant community as criminals. Without a doubt, this strategy has been effective in energizing the conservative voter base that supports these politicians.
As conservatives continue their immigrant bashing, however, it might be a good idea for them to simply “look in the mirror” and reflect on the extent to which immigrants – undocumented and legal – have influenced their own experiences and lifestyles. Consider the following points:
·        We are all descendants of immigrants: Unless you trace your ancestry to indigenous tribes of America, you are probably a descendent of previous immigrants who were motivated for the same reasons to start a new life in the U.S. How would your ancestors feel about your current perceptions of immigrants?
·        The real criminals.  Isolated crimes by undocumented immigrants often lead to public outcries for the deportation of immigrants or limits to legal immigration. Historically, white males have been responsible for most of the mass murders in the U.S.  Are you spending any time bashing white males?
·        Taking jobs.  Immigrants are often characterized as taking jobs away from native-born residents. Restrictions on immigration have led to labor shortages in such industries as construction, agriculture, hotels, and restaurants —  leading to higher prices and food shortages. How many native-born friends or family members do you know that are applying for these jobs?  Probably none.
·        Public health safety. Immigrants are often blamed for bringing diseases to the U.S. that threaten public safety. Recent health studies, however, confirm that middle and upper-income white families are the least likely to have their children immunized for highly contagious illnesses like measles and mumps.  Should the standards for public health safety be lowered for the more privileged families?
·        Intellectual competitiveness.  An estimated 70 percent of all patents obtained by top U.S. universities were developed by immigrant inventors. It is very likely that you have benefitted from these inventions in past years. Should the U.S. settle for being less competitive in the global marketplace by limiting the admission of immigrants to U.S. universities?
·        Consumption practices. Look at the product brands that you have purchased for your home or business – automobiles, computers, appliances, toys, etc. In all likelihood, most of these products were manufactured in foreign countries.
·        School quality. What schools are your children attending and how did you select that school?  If school academic ratings were an important selection factor, it is very likely that these ratings were elevated by immigrants who tend to be high achievers and valedictorians.
·        Defense of our country.  Many immigrants have lost their lives in past wars in defense of the U.S. and continue to play an important role in global military operations due to their unique language skills and cultural knowledge. Should immigrants be discouraged from participation in the U.S. military?
While is not likely that any of these points will change the behavior of political candidates who make it a practice of demonizing immigrants, perhaps it might encourage their constituents to re-consider their support of such candidates as they reflect on the many ways in which immigrants influence their collective quality of life.

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 likelyto 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.