A Lawyer's Guide to Cross-Cultural Depositions
Copyright © 2003 by Nina Ivanichvili, CEO, All Language Alliance, Inc.
Be Tolerant of Nonresponsiveness
Many non-English-speaking deponents are embarrassed to admit that they do not understand a question, even when the question is spoken in their own language. If the deponent appears nonresponsive or evasive, the deposing attorney might want to clarify whether the question might have been misconstrued. The deponent's nonresponsiveness may be "nothing more than a bump in the conversational road";27 with a few additional questions, the attorney may be able to easily get the required information. On the other hand, attorneys need to recognize that many people from other cultures find it "insensitive and rude" when someone insists on discussing an issue that "they have plainly tried to avoid."28 Instead of alienating the deponent by pursuing further questions in the area that the deponent appears reluctant to discuss, it may help to try another approach later.29 Finally, many Americans are uncomfortable with silence. In some cultures, it is common to remain silent before answering a question. Silence allows time to process information and, as such, may be viewed as part of a person's cognitive process. It will be to the attorney's benefit to allow for silence without assuming it is due to the deponent's discomfort or evasiveness.
Allow for Short Recesses
Interpretation is a complex process involving a high degree of concentration as the interpreter attempts to first hear, then understand, analyze, and, finally, express ideas coherently in another language. Compound questions by an examining attorney and long-winded responses by a deponent during a deposition require great focus on the part of the interpreter. Non-stop interpretation for several hours at a time can lead to the interpreter's fatigue, which impairs attention.30 Short recesses are recommended to combat the interpreter's fatigue factor and to ensure an accurate record.
Conclusion
Admittedly, no civil or criminal case is likely to rise to the level of dire emergency that the U.S. President faced in the movie Fail-Safe. Nonetheless, attorneys can maximize their chances of having a relatively smooth and, perhaps more revealing, deposition. By understanding some of the intricacies of cross-cultural depositions, counsel can adjust their preparation, actions, and style to prevent inexplicable surprises in the deposition process.
