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CORPORATE WITNESSES
PRIVACY IN ONE’S YARD
November 22, 2013BLAME THE DOG
November 28, 2013It never feels nice to be sued. If you head a company, come time to have the corporation’s deposition taken, chances are that the other side will ask you to produce a “corporate representative” knowledgeable in a number of topics listed on the Deposition Notice.
The temptation is great to be the least helpful possible. Maybe you do not try too hard to find the employee most knowledgeable in those topics. Or you only produce one person when answering questions on all the listed topics might require more than one employee to testify.
Yielding to that temptation is a dangerous game. Discovery, which includes depositions, is at the heart of modern litigation. Withholding documents or testimony at the discovery stage is not merely frowned upon. It routinely leads to sanctions against those who skirt their obligations, and can even lead to losing the case altogether in extreme circumstances.
The successful case is the one that prevails under the law when all the facts, even the unpleasant ones, are out.
