A Lawyer's Guide to Cross-Cultural Depositions
Copyright © 2003 by Nina Ivanichvili, CEO, All Language Alliance, Inc.
Ask Simple Questions
An examining attorney should use simple sentences and basic vocabulary during a cross-cultural deposition. Counsel should avoid legal terms when possible; they frequently are unfamiliar and confusing, even when expressed in the witness's native language. If the need arises to ask questions containing legal terms, the examining attorney will benefit by asking the interpreter's advice on ways to phrase the question. An effective interpreter may anticipate problems with some questions based on differences in attitude or culture that could hinder the deponent's understanding of the question. In such situations, the interpreter may ask the attorney to rephrase the question.
Counsel also should be aware that many English words, including legal terms, have no semantic parallel—and sometimes no conceptual equivalent—in other languages. For example, it takes at least four Russian words to convey the concept of a "deposition" and at least five Russian words to say "deponent." Therefore, the interpreter often may need to use some descriptive terms, which would take longer than the counsel's familiar way of speaking.
A basic understanding of the idiosyncrasies of the deponent's native language also will help counsel improve his or her communication with the witness during a cross-cultural deposition. For example, Laotians and Thais often reply to yes/no questions by repeating the verb from the question. Therefore, when asked a simple question requiring a yes/no answer, such as, "Are you married?" the deposing attorney might hear "Married" instead of "Yes"; when asked, "Do you have other relatives in Denver?" the answer might be "Have no other relatives" instead of "No." Knowledge of this fact will allow counsel to avoid the frustration of insisting that the witness reply to his or her question with a clearly stated yes or no, or blaming the witness for being evasive.
