I’ve been deposed

I'll tell you about it and how it made me better at communicating in the workplace.

While the title may seem provocative, don’t get too excited—nobody’s accused me of anything, nor have I been overthrown. In fact, I’ve had the privilege of being selected as a fact witness in a corporate case. I use the word “privilege” because this has been a learning opportunity for me.?

I’d like to share what I’ve learned, and how that applies to our day-to-day professional lives. But before I get to actual pointers, let me offer you some context (jump to part 2 below if you’re not interested in the experience itself). Because of my role and years of expertise, I was presented some time ago to the opposing counsel (lawyers on the other side) as a fact witness to answer questions within the scope of my competencies. And yes, it’s just like in the movies, except without the glamor and drama.?

So, here’s what happens. Your attorneys prepare you over the course of a few sessions. Your deposition then takes place in a meeting room with the opposing counsel and in the presence of a court representative and court videographer so that everything is on the record. The deposition can last many hours, during which time you are required to answer all questions truthfully and to the best of your knowledge and abilities, while your lawyer(s) make objections whenever needed.?

Here is what I learned:

Trust your counsel

Your attorneys are here to prepare you, not throw you off or scare you. Start by giving them your attention and trust. Listen to their advice. Everything is built on a set of simple rules and principles, and that’s why I’ve rarely ever been trained so effectively. I’ll outline these rules and principles below.?

Don’t research the case

This is critical, because researching the case may make you want to twist the facts (e.g., omit details or change an event’s chronology) to protect your employer—or worse, to speculate on what you might be asked. You’re expected to know what you know, and not everything. You are there to be a knowledgeable authority on the scope of competencies in question—nothing else.

Don’t talk about the case

This advice isn’t groundbreaking. If your associates are also called as witnesses, for example, they may be biased by what you’ve told them. It’s therefore best to not say anything to anyone.

Stay composed and professional—you’re on camera!

Professionalism starts with your attire. While I’m known for my more casual style at work, this is clearly a shirt and jacket affair. Interestingly, my attorneys mentioned that ties were optional, which was when I realized how formal it was.?

What’s most important is to stay calm, measured, and rigorous. Control your expressions as you answer the questions, as it’s possible that the video will be played at a later stage. You may not be available to speak directly to your audience, in which case the video will be your testimony. Therefore, it’s important to keep your composure. What worked for me was to think of it as an interview. While you’re not trying to hide your personality, you do not want to give the wrong impression.

Listen carefully before you answer

This was my greatest learning. A deposition is not a conversation. Yet in many instances, it does follow the format of a conversation, where questions lead to answers, which in turn leads to more questions. Always remember you are being asked a question that’s specific, related to the case and within the scope of your expertise. Your answer will be considered definitive. Thus, having a perfect understanding of the question is crucial, which is why listening should be your No. 1 priority. Some popular questioning techniques used by attorneys include:

• Asking questions that are preceded by a long-winded preamble. If you agree with everything that was said in the preamble, you may have stopped paying attention midway through and rush to answer before the examiner even asks the question, which could contain a controversial assumption which you disagree with. That’s why it’s necessary to pause after every question to consider it and allow time for an attorney to object.
• Rephrasing what you had just said as part of their question, to get you to contradict yourself.
• Asking the exact same question multiple times in a row or during the deposition to see if you change your answer.
• Pressuring you into retracting, qualifying or otherwise altering one of your previous answers by challenging your authority on the subject.?
• Making broad statements to lure you into commenting on them.

Remember to breathe and answer the question. Nothing else.

This is where a deposition also differs from a conversation. When you’re in a conversation, you are expected to volunteer information to keep the flow going. For instance, you might add details about where you grew up when you’ve been asked where you live, to provide more context. Or you could mention you have three sisters and a brother when asked if you have a brother. Don’t do this. The expectation here is for you to answer the question, and nothing else.

Choose your words carefully

This may sound obvious, but in legal matters, words can often take on multiple meanings. Since everything you say is on the record, you will need to measure your words carefully to ensure that your utterances cannot be misinterpreted or distorted. In other words, you’ll have to be precise to ensure that what you want to say is what is understood.?

• Do not re-use words that aren’t naturally yours. This will ensure you’re not misusing the words
• Pay attention to qualifiers that are too broad, or too generic, such as “people” or “important” or “better,” as these must be defined in a specific context to make sense.

Stick to the facts

In a deposition, nothing can go wrong if you tell the truth. You’ll do fine, as long as you don’t hold back a part of the answer. What can be dangerous is offering unprompted opinions during a lengthy answer. Opinions can be based on beliefs, rather than verifiable facts. That’s dangerous because you can be wrong. And unlike opinions, facts can never be wrong.

Even if you are convinced about something, you shouldn’t say it unless you know it to be true, to the best of your abilities. However, the key words here are “to the best of your abilities.” This does grant you latitude to make statements in good faith within your sphere of knowledge whose validity you have no reason to doubt. For instance, if you manage a corporate budget and you’re asked about its size, give them the number. That’s a fact because you’ve assumed on good faith that it is true.?

It’s ok if you don’t know or understand

If you don’t know, just say you don’t know. This will force the opposing counsel to ask the question differently or look for others to shed light on this matter. You should not feel pressured to answer every question. Stick to what you know.

If you do not understand, say so as well. Apologize, and politely ask to rephrase or clarify. As you’re expected to tell the truth, you can only do so if you perfectly understand what is being asked.?

It’s also possible that the question doesn’t make sense. The examiner may be a highly skilled lawyer but isn’t an expert in your highly technical field. If you feel that their reformulation didn’t help, say so. You will likely be asked to clarify what you do not understand. Do so with simple, non-jargony words to keep the conversation moving forward.

Answer when you do know

Don’t frame your answer in relation to the case. Whether your answer helps the case or makes you or your company look bad is irrelevant in a deposition. If you know the answer, answer the question unless your counsel objects. If you think you know, but are not sure, say something to the effect of “to my best recollection” or “if memory serves me right.” This qualifies your answer enough for the record and allows for further clarification later.

Sleep well the night before

Sleep well and early the day before considering the high amount of concentration required during the deposition and how long it can run. Eat something hearty and easily digestible for breakfast the morning of. This really isn’t rocket science—anything you would have done to prepare for an intense workday would likely be relevant here.

It’s also important to mention that you are not exposing yourself to any risk when you testify. That’s why I recommend that you jump on such an opportunity should it ever presents itself. The learnings I took away have been helpful in my day-to-day communications at work and well worth the time and stress. Over the period of a few weeks, I’ve invested three full days and some change. Considering my schedule, it wasn’t exactly easy to slot in.?Yet every minute was worth it.

What does this have to do with work?

Tell the truth (and nothing but the truth).

Wins are rare for those who want to hide facts or delay bad news. The truth, no matter how ugly, would force intelligent conversation to eventually solve the root cause of a problem.

Speak to what you know.

In corporate communications, focus on what you know, not what you think or feel. Being definitive is something that should be reserved for statements you are certain about, and those are based on tangible facts.?

Choose your words carefully.

Each word, especially when written, carries a different meaning. Make sure you say what you want to get across, and that your target audience understands what you’re saying.

Speak slowly and clearly, using plain language.

This is particularly relevant in global settings, where most readers are likely to be second- or third-language speakers. Slow down, articulate, speak plainly, and where possible read body language to make sure you’re getting your point across.

Trust experts.

Being put in this situation reminded me how it feels to not know anything about a topic and having to be coached and guided through it. It’s an awesome feeling to just let go. In truth, we have many opportunities in the workplace in which a colleague knows much more than we even want to know. While letting them teach you may not make you an expert, it will likely make you slightly better at something.

Note: this happened sometimes in 2019, and I couldn't speak of it until the case was resolved.