A Lawyer's Guide to Cross-Cultural Depositions
Copyright © 2003 by Nina Ivanichvili, CEO, All Language Alliance, Inc.
Establish Rapport Using Self-Disclosure and Feedback
Some attorneys rarely give verbal feedback during depositions. They stay busy with their notes, flip through documents, and rarely look at the deponent. Such behavior can stimulate mistrust and defensiveness in a deponent, particularly where there are cultural differences between the deponent and counsel.18 For example, the author has been advised that many American attorneys are unaware of the importance of building respect when deposing male deponents from Turkey or Iran. The deposing attorney's stern or business-like manner, seemingly sarcastically lifted eyebrow, or raised voice often are perceived by such deponents as criticism of them and, therefore, as an insult to their pride. When this happens, the attorney has lost the opportunity to obtain open, candid responses from the deponents.
Trial lawyers often use self-disclosure effectively to develop rapport with jurors during the jury selection process. Although openness is not required, they know they can make that process more meaningful if they "disclose something of themselves during the questioning."19 This tactic may be equally effective in establishing rapport with a non-English-speaking deponent in a cross-cultural deposition based on the simple principle, "if you want a clear view of another person, you must offer a glimpse of yourself."20 Before going on the record, the opposing attorney might offer the witness a drink of water and indulge in a little small talk with the deponent to put him or her at ease.
The author is cognizant of the important role that positive feedback plays during the course of the deposition in encouraging the non-English-speaking deponent's responses. When positive feedback is given, using simple phrases such as, "I see," "Thank you," and "I appreciate it,"21 people speak more readily and state their answers more freely. When the deposing attorney does not make value judgments about the testimony and is neutral or positive, the non-English-speaking witness is likely to "feel more accepted and be more comfortable."22 As a result, there is an increased likelihood that he or she will be forthcoming when providing testimony.
