A Lawyer's Guide to Cross-Cultural Depositions
Copyright © 2003 by Nina Ivanichvili, CEO, All Language Alliance, Inc.
Be Aware of Culture-Specific Mannerisms
Attorneys should be mindful that cultural differences can affect nonverbal communication. Behavioral patterns of a deponent from a foreign country may appear suspect to a native-born American attorney if they do not fall within the common cultural experience of that attorney. In American culture, looking someone straight in the eye is a statement of open and honest communication. In some other cultures, looking a person in the eye is a sign of disrespect. In the author's view, that explains why some Asian deponents would rather stare at the table instead of looking at the deposing attorney, even when they have nothing to hide.
Gender also may play a role. The author has been advised that sometimes, when a witness from the Middle East is deposed by an American attorney of the opposite gender, he or she is likely to avoid eye contact with the deposing attorney. This is not because the deponent has something to hide; the action is based on an understanding of the cultural dynamics of male-female communication and is a sign of polite respect or modesty. That deponent is more likely to look a deposing attorney straight in the eye when the attorney is of the same gender as the deponent. As mentioned earlier, a number of variables, including the length of residence and level of assimilation in the United States, may further influence such a deponent's conduct at the deposition.
People learn to express emotions based on their cultural archetypes and in ways that may be unfamiliar to outsiders. For example, some Asian cultures use a smile as a mask when dealing with unpleasant situations.14 Thus, an Indonesian-speaking deponent from a rural area might smile when discussing sad or upsetting matters. In Indonesian culture, "smiles do not necessarily imply delight, amusement, friendliness." Indonesians "unconsciously and effortlessly smile as they meet people, speak with others, or encounter experiences that are neither funny, nor delightful."15 People from Mediterranean cultures and Eastern European Jews, on the other hand, often tend to be very facially expressive and use frequent gestures.16 Before any attempt is made at interpreting deponents' body language, the deposing attorney may want to observe their personal style and "baseline" body language in a context of a non-stressful conversation.17
