“Mr. Beaver, I was told to make a podcast and describe kitchen and food preparation equipment our restaurant supply company sells. I’ve never made a podcast before and told Beth, my boss that, but she said, ‘You’ve seen them before. It’s like filming a family video. Just grab your cellphone, walk around the store and describe our new products, and then upload it to our website.’

“That’s what I did and within a couple of hours, Beth screamed, ‘Take that video down! Are you trying to get us sued by people getting motion sickness watching it!’”

I viewed the “podcast,” which left me queasy after about a minute. Everything was in constant motion. It was a disaster.

“Mr. Beaver, I need help! Can you provide me guidance in making a podcast, or give me some pointers on what not to do? Thanks. Brian.”

Horrible experiences like Brian’s are well known to Christopher “Chris” Mines, formerly the director of partnerships and senior podcast producer with LearnFormula, a provider of excellent continuing education courses for attorneys, CPAs, and other professionals.

He offered these suggestions to anyone interested in producing an effective podcast.

Know where you are going

“Dennis,” Mines says, “I can’t tell you how often I’ve seen podcasts just like the one that Brian put online. Winging it is never a good idea! You can’t wing it. You will wind up losing your audience.”

Mines suggested checking out some good podcasts to see how they were done, especially to learn how to phrase questions and handle multiple guests. He also offered the following suggestions.

(1) Develop a road map – what you are going to discuss?

Podcasts are an extension of radio and television you are tailoring to a specific audience seeking the content that your podcast will deliver. From students to potential customers, they could be located in several countries

“Have a clear idea of your objective — what you plan to discuss or highlight. If you are inviting guests, then match the right topic to the right person. These are the threshold rules.”

(2) Connect with your guest ahead of time.

Be sure you know how to say their name correctly, and make the guest aware that we are recording and this is both audio and video. Especially when you are in a roundtable discussion, being able to play off their reactions makes for a much more lively and inviting experience.

How do they feel about the question? This new development? Are they passionate? Get someone who cares about the topic. If they care about it, the audience will too.

The flip side is knowing who your viewers/listeners are.

“Matching the right topic to the right guest reduces the chances of this being a lackluster experience. A good podcast will be fresh, interactive and reactive, encouraging a stimulating discussion by everyone involved,” Mines points out.

(3) Longer Does Not Mean Better

It is essential to be aware of time. A host should tell the viewers what we are going to talk about today so they know where you are. Failing to set out a road map for the viewer can result in their expectations not being met. That road map is simply: intro, body, outro.

Do not confuse an educational podcast with “Gotcha” journalism, as viewers are generally uncomfortable if a guest is pounced upon by the host or others. Therefore, tailor the session to stay within the borders our guest is comfortable with.

More to Be Aware Of

(1) Always have a backup guest in the event someone can’t make it or is ill.

(2) The interviewer who dominates the conversation, preventing guests from speaking.

(3) Never forget; your guest is the expert, the host is a conduit and not the star, yet should be well acquainted with the topic and able to guide the podcast.

(4) Failing to talk with all your guests equally – do not concentrate on one!

Look Listen Learn

Learn by listening and watching what others have done. Actively listening to podcasts with multiple guests and panel discussions is a great way to see how to phrase questions.

The creative work of others can be your best teacher.

Absolute No-No’s

(1) Bad audio. All should have a headset and a good microphone.

(2) Vulgar language and bringing up politics, unless the episode is intended to be political.

(4) Fail to have a glass of water for each participant.

(5) Forgetting to make clear that this is a conversation and can be edited if someone misspeaks or something unintended happens.

Get an Objective Evaluation

I asked Mines about the single most important tool a podcast host or producer must have:

“You need an objective evaluation – from someone who will tell it to you like it is. Never rush to put your podcast online until you’ve got what amounts to approval from people whose opinions you respect. Go slow and you will learn the craft.”

Dennis Beaver Practices law in Bakersfield and welcomes comments and questions from readers,
which may be faxed to (661) 323-7993,
or e-mailed to Lagombeaver1 – at – Gmail.com.

The post Want to produce a podcast? Tips to get it done right appeared first on Dennis Beaver.

Our stories that discussed learning a foreign language and DEI led to several phone calls from call center and sales supervisors in the worlds of insurance and financial planning.

One pointed out, “The market of people speaking an alphabet soup of languages has greatly increased, and we are concerned about lost sales and reputational damage inadvertently caused by employees who lack cultural competence. We’ve observed some who speak a second language well enough to get into trouble by using the wrong vocabulary — known as false friends, which are words that are identical or resemble each other in both languages but have vastly different meanings.”

“We monitor all calls, which at times can be hilarious,” Chicago-based “Brandon” said. “For example, I heard a sales rep apologize for the failure of a secretary to mail out an insurance renewal form to one of our Spanish-speaking clients. He meant to say, ‘I am embarrassed,’ which in Spanish is, ‘Estoy avergonzado.’ Instead, he said, ‘Estoy embarazada,’ which means, ‘I am pregnant!’ Another meant to say her son would be in a parade (desfile), but instead used parada, which is a stop, as in bus stop! As (we have a lot of immigrants in the U.S.), I think you could do an informative story about the need for cultural and language competence.”

Myth of the car that doesn’t go

In an international setting, the business community must determine if it can use the same product name as it does at home. For example, the Chevy Nova acquired the urban legend of a product name — Nova — that sounded like the Spanish “no va,” meaning “it doesn’t go.” Some in media claimed incorrectly that car sales were adversely affected because of that name being selected. In reality, “no va” is not pronounced the same in Spanish as “Nova,” and the car was a success in Mexico and Venezuela.

A skit about poorly selected product names revealing a lack of cultural awareness would be a sure hit on Saturday Night Live, including:

Ford failed to catch on that the word “pinto,” as in the Ford Pinto, is Brazilian slang for male reproductive organs.

IKEA’s Fartfull workbench was the butt of jokes, though “fartfull” in Swedish means “full speed.”

Coors obviously did not comprehend that translating its “Turn It Loose” advertising tag line into Spanish would be understood as “to suffer from diarrhea.”

Got Milk? translated into Spanish could be interpreted as “are you lactating?”

Ads for Mazda’s Laputa minivan stated, “We have designed Laputa to deliver maximum utility in a minimum space while providing a smooth, comfortable ride” and “a lightweight, impact-absorbing body.” In Spanish, “la puta” means “the prostitute.”

American Airlines’ slogan “Fly in Leather” could be interpreted in Spanish as “fly naked.”

Mercedes-Benz began selling in the Chinese market under the brand name Bensi, which in Chinese means “rush to die.”

Credit for perhaps the most hysterical fail that has made it into business texts goes to Coca-Cola’s entry into China. It first appeared as Kekoukela, which means “bite the wax tadpole” or “female horse stuffed with wax,” depending upon the dialect.

Wrong word choice has consequences

“The wrong word choice can have serious consequences both interpersonally and in the business world,” says Lars-Olof Nilsson, retired lecturer in English and German at JIBS, Jönköping International Business School at Jönköping University in Sweden.

Nilsson works as a copy editor and writes about English on his website copyeditor.se.

The title of his recently published book — a best seller on Amazon — is itself a hilarious example of our topic: It’s Not the Farts That Kill—It’s the Smell! False Friends and Other Treacherous Words in English-Swedish Communication.

As Nilsson explains, “‘Fart’ in Swedish means ‘speed,’ and ‘smäll’ (or ‘smell’) is a ‘crash.’”

I should point out that his book is not limited in value to Swedish speakers, as he lists over 400 false friends in various languages that can easily get us in hot water.

For example, Nilsson cites “actual” and “eventually.”

“In English, ‘actual’ is something ‘real, existing and authentic.’ However, in several European languages, it means ‘current, present, up to date.’ Or, take ‘eventually,’ which to English speakers means ‘finally, later, in the end’ — something that will happen — but the corresponding words in Dutch, French, German, Italian, Spanish and the Scandinavian languages mean ‘perhaps, possibly.’ It is clear these differences may have serious consequences if improperly used or translated.”

Please don’t do that in my car

Even an everyday word such as “restroom” may cause confusion.

“Non-native speakers of English understand the word ‘restroom’ to indicate a room for relaxation or taking a nap,” Nilsson observes and relates an occasion when an American was picking up his Swedish friend at an airport.

When they got into the car, the American said, “Perhaps you need to go to the restroom?”

The Swede answered, “No, I can do that in the car.”

For anyone working with people from different countries and cultures, when we know what words to avoid, we reduce the chances of hurt feelings. It’s Not the Farts That Kill—It’s the Smell is a delightful, practical read that will keep you awake at night laughing!

Dennis Beaver Practices law in Bakersfield and welcomes comments and questions from readers,
which may be faxed to (661) 323-7993,
or e-mailed to Lagombeaver1 – at – Gmail.com.

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“I was asked to look into Spanish-language-learning programs for our insurance brokerage sales staff. Your past articles are highly critical of Babbel and Rosetta Stone. Their commercials claim to have a method of teaching languages with incredible speed.

“According to a Babbel radio spot, you can start speaking a new language in only three weeks by spending a few minutes a day studying. Are you still skeptical? What is your candid opinion of these language programs? Thanks, ‘Anthony.”

Since Anthony asked for my opinion, here it is: “If you don’t want your employees to be able to converse in Spanish, both of these programs are perfect.”

I am amazed that the Federal Trade Commission or some state’s attorney general consumer fraud section hasn’t sued them for false and misleading advertising

I have never met nor spoken with anyone — including the dozens of people who reached out to me after diligently using these programs during the COVID lockdown — who could talk their way out of a wet paper bag. They felt discouraged, ripped off, and then found my articles.

Read Better Business Bureau complaints

The Better Business Bureau gives Babbel an F rating. But it gives Rosetta Stone an A+. Yet subscribers’ complaints about both refer to “scams” and “frauds,” so why fail one and reward the other?

Melanie McGovern, PR director of the BBB, explained, “Babbel has an F rating because the company did not respond to 20 BBB complaints. Rosetta Stone has an A+ rating with the Better Business Bureau because the company answers or resolves its complaints.”

However, the BBB website states that the rating “is significantly influenced by complaints received from the public.”

This is one more example of the BBB rewarding disgusting business behavior.

Research this yourself for an eye-opener. By their standards, Lizzie Borden, who “took an ax and gave her mother forty whacks, and when she saw what she had done, she gave her father forty-one,” would get an A+ rating under Ax Murderers if she replied to a BBB inquiry.

Babbel refused to provide proof twice — for my 2019 article Learn a Language in Three Weeks? Really? And again recently for this story — I contacted Christian Hillemeyer, Babbel’s director of communications in Berlin, Germany.

I asked, “You claim to have millions of subscribers, so why not ask a few of them studying French or Swedish to contact me so that I can see how well they can speak these languages?”

He refused. Rosetta Stone did not even reply to my request.

Their silence is deafening. In law, we call that an adoptive admission. If Hillemeyer believed in his product, you would think that he would take me up on my offer. (Anyone wanting to test me is free to contact my office in Bakersfield).

Observations from an expert in second-language studies

I discussed Babbel’s claims of being able to “speak or have a conversation in three weeks” with Shawn Loewen, Ph.D. and professor in the Second Language Studies and MA TESOL programs at Michigan State University in Lansing.

“I am disappointed to see they are still making these claims,” Loewen said. “The average consumer thinks that ‘speak’ means the ability to carry on a conversation, but it seems clear what they mean is you can say your name, ask where the bathroom is — things at a very basic level.

“My research shows that, yes, you will learn some language, but not enough to carry on a conversation. Classroom instruction and interaction with L-1 language speakers are some of the best things you can do. If you are serious about learning a language, then a language app is not going to be sufficient.”

He added, “Before my Fulbright in Poland, I studied Polish for a year and a half. I used a lot of apps and other things for hundreds of hours. I did not take formal classes and was able to order in restaurants and ask directions, at a rudimentary, survival level. You will learn a few things with these apps, but the word ‘speak’ is slippery, and most people understand it to mean that you can hold a conversation.”

Some time ago, Babbel ran radio spots asking, “Why do Europeans speak so many languages? Perhaps it is because they use Babbel.”

Loewen’s response? “That’s ridiculous. They were speaking lots of languages long before language apps came out. Anyone who knows how languages are learned will not attribute the fluency of Europeans to using a language-learning app.”

App success depends on your expectations

Loewen concluded our interview with these recommendations: “If you expect to be able to hold a conversation with a native speaker after a few weeks, you will be disappointed. If all you want is to learn a few phrases and have some mental stimulation, it will work for that. The problem is in the claims and expectations that the advertising raises.”

As a “language person” myself, one three-letter word is the motivation you need — fun.

Several YouTube videos by Canadian Steve Kaufmann make that point and are well worth watching. He has a large online presence and is proof that age is not a barrier to learning to speak other languages fluently. It takes dedication, enjoying the journey and time.

Dennis Beaver Practices law in Bakersfield and welcomes comments and questions from readers,
which may be faxed to (661) 323-7993,
or e-mailed to Lagombeaver1 – at – Gmail.com.

The post Can language apps teach you to speak a foreign language? appeared first on Dennis Beaver.

“There is a huge market – millions of people – that could be a missed opportunity for American business,” says author Susan Golden, who teaches at the Stanford Graduate School of Business and is considered one of the nation’s leading experts on the impact of age on our economy.

So, who are these people?

“The U.S. Census tells us they are the 10,000 people turning 65 every day. In the time it takes to read this sentence, another 20 will join that group. More importantly, in 15 years, Americans aged 65 and older will outnumber those under age 18,” she points out.

In her book, “Stage (Not Age) How to Understand and Serve People Over 60 – The Fastest Growing, most dynamic market in the World”, she urges American business to understand the importance of paying attention to groups of adults pursuant to their stage in life – not their age – and to discover where they are, what they are doing, their needs and desires.

“The objective of business must be to provide the products and services they need and want,” she underscores.

Stage (Not Age) is a fascinating read and makes clear that missteps can be costly. I sat down with her and she gave a by-the-numbers list of the mistakes–the flawed thinking, what not to do – that the American business community needs to be aware of and avoid.

1 – Think of older adults as one market and aging as a problem.

Why is this flawed thinking? Our aging population is anything but a problem to business leaders who see the market potential in people over 60 who are in fact a deeply diverse population. They are traveling through different life stages, want and need different products and services.

2 – Continue to look at all people as only going through three stages in life: Education, Work and Retirement.

Why is this flawed reasoning? Even today, we are living century-long lives. We will have much longer employment spans which will integrate career breaks for continuous learning opportunities and for caregiving.

Notions of working just so you can retire will be replaced with the goal of having a purpose in your community, not merely sitting back and watching television. As we live long, and retain the ability of being productive and contributing to society, fewer of us will consider leisure as a goal in itself.

Therefore, business must consider the population as having multi-stage lives that will not be defined by age and will produce a wealth of new business opportunities.

3 – Fail to develop user-friendly, age-focused products and services which will extend health span as opposed to life span.

Consequences? It is essential, faced with this ever-increasing population of older people, to design products with a multi-generation perspective. Those who only have a ‘one size fits all’ approach will lose business. One good example is Oxo kitchen utensils that are great for all ages, but were designed with ease of use for older people. BMW modified their dashboards to fit the needs of older drivers, which also benefit those younger.

4 – Fail to develop a longevity strategy for your employees.

Consequences: You will lose good people. Employees will have a 60-year career span. Employers need to integrate upscaling opportunities, continuous learning, career breaks, and financial planning assistance. Companies will potentially have five generations working for them. It will be a family who has been with the company for decades, enriching the bottom line.

5 – Think of your customers and employees as elderly, as seniors.

This is flawed thinking that minimizes their value! Embrace the new narratives around aging versus the simple concept of old. As our population ages, retaining physical and mental health, it is best to think of them as living a vibrant life. Call it, “furtherhood,” going further into new and productive stages of their lives.

6 – When hiring, be an ageist and show bias against the older applicant. Do not consider dignity or feelings of your older employees or job applicants. Refuse to support programs which promote health and longevity for older workers.

Consequences: Not only is ageism the last acceptable “ism” out there, bias against older applicants or employees is an engraved invitation to finding yourself as a defendant in an age discrimination lawsuit.

7 – Fail to support caregiving needs and refuse to offer paid family leave for all your employees.

Results? Expect enormous turnover. Unhappy employees. Lose the institutional knowledge and creativity that comes with people who are familiar with your business strategy, its needs and abilities.

8 – Establish a rigid obligatory retirement age for all employees.

Consequences: You will lose the opportunity to harness their wisdom and creativity that comes with it. This is the perfect recipe for hostility. Instead, realize that some employees might like the idea of greater flexibility on time commitments and want to remain employed.

The better approach is to help employees reset life priorities, re-purpose the direction of their lives, and transition into new opportunities within the company and externally.

An insightful employer should consider the older employees as moving into renaissance years where they have the ability to bring creative ideas to the floor with wisdom and experience.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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“Recently, some of the largest manufacturers of opiates have entered into multi-million dollar settlements for their role in facilitating America’s opiate epidemic,” began an email from “Pete.”

“Shouldn’t the same reasoning be applied to television cooking programs which contribute to the obesity epidemic? Laura, my wife, and our three children have become terribly obese after watching these TV shows, especially America’s Test Kitchen and Cook’s Country, where, like Rachel Rey, the hosts have become obese before viewers’ eyes.

“Laura watches these programs and then prepares meals using their recipes. I tell her, ‘Just look at the hosts, how obese they have become. This isn’t normal, it isn’t ok, and it is dangerous. You have hypertension and are diabetic.’ She says, “They seem ok with being fat, and I am too.’

“Mr. Beaver, I am not fat-shaming my wife, but it is as if she is addicted to the calorie-dense food the hosts prepare.

“Why don’t the producers of these programs think of what their recipes are doing to viewers who make the dishes? Why don’t they encourage much healthier eating? I wrote the programs and asked those questions, but never got a reply. Perhaps you might have better luck.”

At home, we watch these shows–purely as entertainment–but I can’t argue with a thing that Pete says. He raises some very timely questions. I emailed the programs’ media rep, Brian Franklin and asked why no one replied to Pete and got no response. Later, I again wrote, but instead of addressing these serious health concerns, his flippant response was: “Attacking and criticizing the appearance of anyone, let alone our hosts is not worthy of a response.”

Some Numbers

In 2019, according to the CDC, deaths from opiate overdose in the United States were close to 70,000. And from obesity?

The National Institutes of Health tells us, “Obesity and overweight together are the second leading cause of preventable death in the United States, close behind tobacco use. An estimated 300,000 deaths per year are due to the obesity epidemic”

The Harvard School of Public Health puts a “$190 billion price tag on the cost of obesity to our country. This includes the value of lost work, and employer-paid insurance. Annual medical spending is $2,741 higher for obese individuals than for people who are not obese.”

Google TV cooking shows and obesity

If you use Google or Google Scholar and search “TV cooking shows and obesity,” the number of entries and university studies on this topic will amaze you. Viewers who prepare the recipes, have an average weight gain of eleven pounds. That’s just an average. But their influence on food selection is powerful and often unhealthy.

A compelling study of the impact television cooking shows have on weight gain was conducted just a few years ago by researchers from Cornell and the University of Vermont. They found:

1 – Watching chefs prepare indulgent dishes on TV, or a famous host enjoy over-the-top foods with other people, or viewing social media food pictures and recipes suggests a social norm for preparing these types of food.

2 – Televised food programs reinforce bad eating habits, where the hosts are seen as authorities on food, a status that gives their guidance more credibility.

Recent covid and obesity study is a wake-up call

A collaborative study by the University of North Carolina and the World Bank released at the end of August found that, “Obesity increases the risk of dying of Covid-19 by nearly 50% and may make vaccines against the disease less effective.”

One commentator wrote, “Anyone who, today, thinks that obesity is no big deal just doesn’t get it, and to judge by most of the TV cooking shows, it is clear that they not only don’t get it, but do not care about what they are doing our health.”

The Pleasure Trap

I ran Pete’s observations by Dr. Alan Goldhamer, co-author of The Pleasure Trap, a fascinating book about how our brain “traps” us into unhealthy eating habits.

“Pete used the term addiction to describe his wife’s behavior around food, and that is precisely what the food industry–and cooking shows in particular–have done to us. Our brains love calorie-dense food, secreting the pleasure hormone dopamine. I call it SOS – Salt, Oil and Sugar which dominate today’s diet leading to health problems virtually unknown fifty years ago.

“Dennis, in my opinion, these TV shows should come with a warning: Watching this program could be hazardous to your health.”

Perhaps one day a class action law firm will file a lawsuit, where plaintiff’s greatest proof will be videos of what eating their own recipes did to their hosts.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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Following completion of his residency in ophthalmology with a specialization in the retina, “Tomas” set up his practice in a small west-coast city. While it had several ophthalmologists, the town lacked a retinal specialist. Two older physicians, “Drs. Doug and Randy,” handled most retina cases competently, yet they welcomed Tomas warmly to town.

Patients with complicated retinal issues had been referred to a teaching medical facility hours away, so having an eye doctor with this sub-specialty in a small town is a great gift to the population.

My law practice has been fortunate in having a large number of physician clients. Being in the company of highly educated, accomplished people who do good things for humanity is a reward in of itself, aside from anything monetary, but economics apply to both law and medicine.

As I, and others who met Tomas would soon learn, he cared about one thing alone – the economics of medicine. Patients ranked far behind.

Physicians trained in a sub-specialty need to sell their skills. Aside from cosmetic practices–which advertise like mad–medicine is a still mainly a referral-based profession. So, when a new doc comes to town, hospital privileges will be obtained, and then comes the real “business” of selling oneself to colleagues who will, hopefully, refer patients.

Impressive Resume – Victimize Colleagues Trust

Tomas made the rounds of optometrists and his ophthalmologist colleagues, dropped off his impressive resume, talked shop, and with a winning personality–and stories of the brilliant physicians he had met while attending Harvard Medical School–soon he was treating patients who were ever so grateful to not have to drive for hours for retinal care.

But he was in a hurry, “to show my family that I could really make it,” as he admitted to me one day. Of course, in any occupation, competence and skill are essential, but if all you think about is getting business, there’s a shortcut just waiting for those people who are ethically challenged: Bad-mouth the competition.

It is important to point out one of the marvelous qualities of the health care professions: While of course there are professional jealousies, still, physicians trust their colleagues for the benefit of patients.

And so, when a respected member of the medical community hears from another, trusted colleague that “Dr. X is not competent–I’ve seen his disasters” chances are that he will be believed.

And that is precisely the campaign of disinformation Tomas started – focusing, at first, on the two eye doctors who handled routine retina matters, and then raised the ante, by discouraging patients with highly complicated issues from going to the teaching hospital.

Combined with this bad-mouthing campaign, Tomas was overcome with the fear of being sued for malpractice, and so rejected the kinds of cases that someone with his training should easily have been able to treat. This drove optometrists I spoke with up the wall!

It can take some time before one’s m.o. becomes obvious, and Tomas was successful for some time in ever-so-slowly damaging reputations. And then someone decided to look into his past.

Harvard Medical School? Really?

Medical Boards in most states show a physician’s license status and education. There for all to see on his Medical Board’s website was Tomas’ medical school, and it wasn’t Harvard! Yes, he was an ophthalmologist, but those stories of brilliant teachers at Harvard he regaled his colleagues with? – A pure figment of his imagination.

When word got out about the truth of his accomplishments–and a one man war on his colleagues–his fortunes changed dramatically.

Defamation, Unfair Competition and Interference with Contract

A group of physicians met with an attorney who generally represents doctors in medical-mal practice cases, reviewed this destructive anti-competitive crime-wave Tomas had started, and devised a strategy to shut him up.

It’s ok to say, “I’m good at what I do and have better credentials than my colleague,” if that’s true. But it isn’t ok to build up our own reputation by dishonestly attacking that of a competitor. To do so can easily fall into the category of defamation, which can result in a law suit and significant damages.

An economic system functions well if we all respect the rules of competition, and that means honesty when speaking of a competitor. When, as Tomas did, spreading a focused campaign of false information, the consequences are lost business. Called variously by different states as unfair competition and tortious interference with contract, litigation can result along with an injunction and claims for damages due to lost income.

A letter outlining these possible consequences was hand-served on Tomas, at his home on Mother’s Day, captured in a photo. His expression was priceless. And, he’s been a good boy ever since.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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Who hasn’t heard these two proverbs? “You’ve made your bed, now lie in it.”

“Experience is the best teacher.”

For parents, they are important teaching tools, appropriate to state when our kids have done something that merits an Academy Award for impulsiveness and failure to think things through.

Today’s story is an example of a father who stubbornly refuses to tell his son, “Accept the consequences of your own actions.” Our story began in May with a phone call from “Brian” needing advice about a used car purchase his son made that went south.

Saw an Internet Ad – Red Flags Waving From the start

“My 21 year-old son, ‘Luke’ saw an internet ad for a used Chevy Camaro that really interested him. He phoned the sellers–who were a young couple in San Diego–and they sent him links to videos about the car. The vehicle really looked beautiful and well-maintained.

“It was agreed that they would drive the Camaro to Hanford, where we live, the very next day. However, it was clear they would be very disappointed if Luke did not buy it,” Brian explained.

A very excited Luke was given the opportunity of driving the car and even taking it to a mechanic to be evaluated.
“Did he do that? Did he take the car to a repair shop and have a mechanic put it up on the rack, evaluate it mechanically or do a computerized data check to see it had been in an accident?” I asked Brian, but knew the answer even before he replied.

“No, he did not. It was love at first sight. Luke agreed to buy it then and there after driving it around the block once.” Red flags went unseen.

My readers were informed the couple spotted the vehicle at a “low life used car lot” and realized that it was “a diamond in the rough.” They needed to sell it because of medical bills. Or, at least that was the story.

Purchased “AS IS” Pays $13,000 Cash And Then…

So, Luke buys the Camaro, signs an “As Is No Warranty Contract,” hands the sellers $13,000 cash, and they all go to a DMV office to register the vehicle in his name.

Off into the sunset did happy 21 year-old Luke drive? Well, not exactly, as within days it became clear something was wrong. The car was handling oddly and there was evidence of uneven tire wear and other signs of a bent frame, confirmed when it was taken to an alignment shop. Clearly the vehicle had been in a bad accident.

“The frame damage can be repaired but will cost around $5,000, so we need to sue the sellers!” exclaimed Brian, to which I replied, “Why are you calling me and not your son?”

His answer was typical of a father who fights his children’s battles for them, never allowing them to grow up:
“Oh, he’s at work.”

–OK, then have him phone me later.

“But he procrastinates and I know more about this than he does!”

Can You Prove the Sellers Knew of the Damage Before Selling it?

Brian wanted a referral to a lawyer who would sue the seller. “But how are you going to prove they knew the car had a bent frame?” I asked. His answer? “They had to!”

“Really? Perhaps they did not know, and then, there’s the teensy-weensy issue of your son given the chance to discover that issue–which he refused to do–combined with signing an As-Is purchase contract,” I said, trying not to sound sarcastic.

“Listen, Brian, if the car is otherwise ok, then have Luke just pay the $5,000 to have the frame straightened, and get on with life, having learned what could be the cheapest lesson of his life. LET HIM GROW UP AND FIGHT HIS OWN BATTLES!”

Click! Gee, I wondered, “Was it something I said?”

Three Months Later

In early August, guess who should call our office? Brian, of course, having forgotten the warm and fuzzy phone call we had in May.

He had spoken with many lawyers, and none of them either had the time or handled cases like this. Now, lawyers do not reject good cases, but often are afraid to come right out and say, “Your case stinks! You will lose in court, so forget it!”

Finally, I asked, “Why is your son not on the phone with me instead of you? Oh, don’t tell me. He’s out of town, procrastinates, and besides, you know more about this than he does. You don’t have to tell me that because you already did, months ago.

“Let Luke solve his own problems. You are crippling him!”

Click!

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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You have no doubt heard commercials for Babbel, Rosetta Stone or other computer assisted language learning programs which make claims along the lines of “You can learn a new language in three weeks.”

In fact, both Rosetta Stone and Babbel have earned awards for their television and radio commercials, putting on display people who claim to have studied a new language briefly and appear to carry on a conversation in that language.

Are these claims true? Have these companies found the Holy Grail of making language learning a breeze, “Without spending hours studying grammar rules,” which is a main sales point?

That was “Todd’s” question: “I tried Rosetta Stone for months, followed their instructions, and candidly, after honestly trying, was unable to get beyond very simple stuff, like introductions, asking how someone was, that kind of a thing.

“Then I heard a radio ad for Babbel which stated something like, ‘Do you know why Europeans know so many languages? Perhaps it is because they use Babbel.’ Well, that convinced me to subscribe and after really trying, I am no better off and just gave up.

“Was I duped by their claims, or am I just stupid when it comes to learning a language?

I heard that same Babbel commercial on Sirius XM Radio. When I ran it by Professor Susan Gass, who is deeply involved in the area of second language acquisition at Michigan State University in Lansing, she laughed.

“What do they mean by learning a language?”

“Some of these ads talk about ‘Thriving in real world conversations.’ Yes, you could say such things as “How are you? Where is the bathroom?” but if the response that you get is not exactly as it was presented in the material, you just will not have the background, and you’ll be lost immediately.

“That is a major problem with these programs. They are confining – they do not reflect language use in the real world.

“These advertisements don’t explain what they mean by learning a language. If I say to you that I speak Italian, then you would expect me to be able to carry on a conversation on a wide range of topics, and not merely introduce myself or tell you that I am a teacher.

“With online or computerized lessons, over several weeks or even months, you may be able to parrot statements very well, but this is not what most people mean by learning a language,” Gass points out.

High Dropout Rate

“Todd is an example of what a great deal of research shows with many of these types of language programs. People think it is going to be really easy to learn a new language.

“But learning a language requires time, intensity and study in a regular way. Customers often don’t follow through. They quit because it isn’t enough to look at a computer screen and speak into a microphone. You need real interaction—and feedback– with people who can actually speak the language, such as in a classroom.”

A Stunning Admission – “We Would Never Sell Anything!”

“It takes a lot of time and effort for adult learners to learn a second language to a high degree of proficiency. Children spend thousands of hours learning a language at home and in school, but adults simply do not have the time,” observes Professor “X,” who also studies second language acquisition, at a major Midwest university.

X related a stunning admission from staff at one of the largest foreign language-app-companies.

“We spoke about the impression their ads make that you will be able to hold a conversation spending ten minutes a day, and that’s ludicrous. They replied, ‘How do you market something if you tell people it is going to take two years of your life and you still aren’t going to be very good. We would never sell anything!”

I asked, “Are they beneficial if used in conjunction with a more formal language study course, such as in a college class?”
“Yes they do have value in terms of building vocabulary, some grammar knowledge, but most fail in providing communication with people who speak the language.”

Be Kind to Yourself

“Your reader’s frustration is common,” X points out. “It takes time and dedication. The more you study, the more you learn. Patience and being forgiving of yourself when making mistakes is important.”

What does Babbel Say?

So, how confident is Babbel of its results?

We contacted Christian Hillemeyer, Director of Communications in Berlin, Germany.

“As you know the identity of Babbel subscribers, why not ask a few of them studying French or Swedish to give me a call so that I can see how well they can speak these languages.”

My request was politely declined.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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March 14th, 2018 at 4:00 in the morning was a day and time “Denny” would love to forget.

“I had the strangest nightmare. A tiny, evil character–something out of a horror movie–had poured gasoline on my right leg, set it on fire, and as it was burning, began to pound a nail into my right knee.”

And then he woke up to discover that his right leg, “Felt as if it really was on fire, and I could almost see the nail in my knee. It was the most extreme pain I had ever experienced.”

Chiropractors, neuro, orthopedic surgeons and anyone who has ever had similar symptoms know what caused Denny this debilitating pain: herniated, lumbar discs.

With his wife, “Annie” the couple would soon be on their way from Central California to Austin, Texas to be seen by “Dr. “L,” a world-class neurosurgeon who ten years earlier successfully operated on several of Denny’s cervical vertebra which were causing the loss of the use of his hands.

“Renovated Except for the Pool – Oh, You Want Hot Water?”

“The best reviewed hotel, closest to the hospital, was the Springhill Suites,” Annie explained, adding, “And their website stated the property had just been completely renovated, with only the swimming pool not yet finished. We phone the hotel directly and they confirmed the entire renovation was complete, and so we booked several days.

From Central California to Austin requires going through the enormous Phoenix Sky Harbor, and changing terminals. “Fortunately they have rapidly moving sidewalks, but even then, every other word out of my husband’s mouth was ‘Ouch!’ only it wasn’t really ‘Ouch,’ if you understand what I mean! He was in agony the entire trip, and then we checked in.

“We were in our room no more than 10 minutes when one of the managers dropped by and handed us a letter which stated, “Welcome to our lovely hotel. There will be no hot water after 9:30 in the morning the next few days. We hope this doesn’t inconvenience you too much.”

Sensing more than a slight lack of honesty, Denny hobbled downstairs to speak with the front desk manager who confirmed the property was still undergoing extensive work, “And there might be some unpleasant noise from time to time.”

He was right. “Later that day I heard what sounded like someone with a jackhammer outside our room! We complained, and he moves us to a room where the shower door could not be closed! Some renovation! While everyone was nice–which is why we remained there–it was clear the property should not have accepted guests, as was admitted by one employee who had very negative comments about the owners.

“Upon checking out, not one cent of a discount was offered. What should have occurred?” the couple asked.

“A legal obligation of being forthcoming with relevant information”

So, how do responsible hotel managers view our couple’s situation? “V,” The General Manager of a 4 Star AAA rated hotel in Western Canada stated:

“Properly run and maintained hotels are generally under constant renovation, from the little things like changing furniture in rooms, to major, whole floor re-models,” he points out.

“In this case, it is clear the fundamentals of innkeepers’ requirements were not met. A hotel has a legal obligation of being transparent and forthcoming with relevant information a prospective guest can rely on in making a decision to book that property.

“The absolutely worst thing management can do is to bring someone into your house and then let them know what they are not going to receive. The customer us paying for full services. Anything short of that is misleading.

“Either on your website or when checking in, you should never deceive guests. Especially with a renovation, you’ve got to be honest. The greed factor is out there and is short sighted, creating a bad reputation for the industry. The long-term view–building loyalty, valuing your guests and wanting to see the same faces over and over–can only be established by treating them ethically and with fairness,” he strongly maintains.

Steps for Guests to Take

“Silence isn’t Golden,” is the way he describes how guests should approach these situations, and offers this insight:

“Management has wide latitude to resolve problems if promptly informed. We care about guest reviews and can move you to a different room in a quieter part of the property, pick up the tab for breakfast, your parking, Wi-Fi, even give a significant discount for your room.

“We want you to have a positive experience, but need to know what’s wrong, now, not after your leave. And we want to see you back again.”

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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