THERE is the story of Pablo, a Filipino-American, who worked for over 20 years with the same company. He was a diligent and loyal worker, and earned a decent pension when he retired.
A crafty insurance agent convinced him to move his retirement money to a complicated annuity he was selling. The agent also convinced him to transfer the money from one insurance company to another. Pablo did not know that every time he transferred his money, this resulted in a surrender charge of 33%. Hence, a transfer of $150,000 from insurance company A to insurance company B resulted in $49,500 of surrender penalties.
The company kept the $49,500 and the agent earned more commissions. Good for them. But it was too much for a retiree.
Pablo was devastated. He just lost a chunk of his retirement savings with nothing to show for it. He came to us for legal advice. We filed a lawsuit on his behalf to recover his money plus damages for emotional distress. Pablo’s deposition was taken. During questioning by the insurance company’s lawyers, Pablo was asked how he understood “surrender charges”.
In all seriousness, Pablo replied, “I do not know surrender charges. All I know about surrender is when the Japanese raised their hands and surrendered to the Americans!”
This would be a funny story, except that Pablo was about to lose his and his family’s life savings. The insurance lawyers thought at first that Pablo was joking about his understanding of the word ‘surrender.’ But Pablo was serious. He truly did not know what ‘surrender charges’ meant in the context of an insurance contract. While he had worked in the US for a long time, his speech patterns and his emotions continued to reflect his upbringing in the Philippines.
For Pablo to win his case, he needed to be understood by an American court or jury. Pablo needed, not only a lawyer’s courtroom skills, but also a lawyer who understood his language. He had to be able to communicate with his attorney in a language he was comfortable in so that he could tell “the whole truth.” Also, because his psychological damages were at issue, he needed a lawyer who understood his emotional and cultural background.
Pablo’s case is an example of the challenges involved in helping immigrants obtain justice. Situations where immigrants may need to go to court to seek relief include the following:
- a person was injured by the negligence or business fraud of another;
- an employee was not paid the wages required by law;
- a consumer was defrauded by a company that deceptively marketed its products;
- a policyholder was unreasonably denied benefits under an insurance policy.
Is language an obstacle that limits the full expression of facts? Is the immigrant’s ability to explain limited by cultural factors like a sense of shame (“hiya”)? Is the client keeping his true feelings to himself for fear of being perceived as crazy based on his cultural standards? Or is the client unwilling or unable to explain because of injured feelings?
This was the situation when I was hired by a prominent retirement home to assist in defending the company’s manager accused of sexual harassment. The other attorney in the case, who used the usual straightforward style of asking questions, was not familiar with the manager’s cultural sensitivities and was having problems communicating with the manager. The manager felt that simply being accused of having forced himself on an unwilling woman was a badge of dishonor. Since he has been so dishonored, he would rather keep silent. The attorney decided he could not obtain the “whole truth” from the manager. There was a communication breakdown.
The involvement of an attorney who knew the culture and language brought a different dynamic into the case. Because the actual underpinnings of the manager’s behavior were considered and understood, the approach to asking questions was done in a way that allowed more candid answers from the manager. The manager opened up. As more information was obtained, the case was eventually resolved to the parties’ satisfaction.
Communications that ensure understanding between clients and their attorneys can help achieve success for the immigrant client’s case. An attorney’s knowledge of the client’s language and their culture can go a long way in facilitating these communications.
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C. Joe Sayas, Jr., Esq. is an experienced trial attorney who has successfully obtained significant results, including several million dollar recoveries for consumers against insurance companies and big business. He is a member of the Million Dollar-Advocates Forum—a prestigious group of trial lawyers whose membership is limited to those who have demonstrated exceptional skill, experience and excellence in advocacy. He has been featured in the cover of Los Angeles Daily Journal’s Verdicts and Settlements for his professional accomplishments and recipient of numerous awards from community and media organizations. His litigation practice concentrates in the followaing areas: serious personal injuries, wrongful death, insurance claims, unfair business practices, wage and hour (overtime) litigation. You can visit his website at www.joesayaslaw.com or contact his office by telephone at (818) 291-0088.
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