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Top 15 Tips for Corporate Executives before Depositions

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published March 03, 2008

<<Carl C. Straub Jr., general counsel and secretary of Photon Dynamics Inc., and Phil Strauss, counsel and practice director of H5, have just the answer. They have developed a tip sheet that will help all general counsel properly prepare executives for deposition hearings.

 
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The tip sheet, called the "Top 15 Things to Remember When Preparing Executives for Deposition Testimony," ironically contains 17 points. Recognizing the paradox, Straub and Strauss quip, "Leveraging the same technology that made the amplifiers go to 11 in This Is Spinal Tap, our list goes to 17." The tip sheet is a condensed version of a presentation Straub and Strauss gave to the Association of Corporate Counsel in 2007.

Essentially, the authors stress that preparing executives is often much more difficult than preparing rank-and-file employees because, as they explain, "executives are problem children." They list several reasons to support this assertion, including the fact that executives are often used to getting their way and are used to asking questions instead of answering them. This is why it is vital to ensure that they are properly prepared…in order to prevent a blowup.

One of the first tips provided is this: ensure that the executive in question knows that it is essential that he or she listen to the question at hand. Otherwise, he or she may provide supplementary information unnecessarily. It is also extremely vital to prepare. According to the authors, "a good minimum guide is five hours of preparation for every hour of deposition time." While it is a different tip than listening to the question, the two tips are definitely related. Preparing appropriately will ensure that the deponent listens to the question and does not provide unnecessary information.

Tip number 11 says, "You [executives] are on your own during the deposition." Consequently, executives need to know ahead of time that no one, including the general counsel, can help them if they need information or verification. As the authors explain, often the only time that the general counsel will say something is when he or she objects. This is why the following tip is to make sure the executive leaves enough time for an objection.

And their final tip? "Do not bring any materials with you to a deposition or anywhere you could access them during a deposition (such as your car). If you do, you may find yourself digging through your trunk to turn them over to your opponent."

Ultimately, the issue that Straub and Strauss stress most throughout their list is that it is vital that executives be concise with their answers and focus only on facts. "In preparing executives for deposition testimony, all of the standard witness prep rules apply," the authors say, so in addition to following the executive-centered tips that they provide, they also "urge you to consult your regular depo-prep resources, including the helpful guide prepared by Union Bank of California."
 
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