Being designated as a “corporate representative” by your employer to testify at a deposition can be a daunting thing to face, especially following the meeting of the ends of a litigation hold notice issued some months prior. After absorbing the initial shock and dread that wash over with the responsibility, what steps should you undertake during the process? The matter needs careful consideration, particularly because of the potential consequences on the employer’s lawsuit.
It is crucial to remember that as a corporate representative, your response has far-reaching implications, and in this case, the legal identity of the employer. It is contrary to an individual deposition, where the deponent provides facts within their knowledge, experience, and memory. Epstein Becker & Green provide a comprehensive guide on the procedures and steps to take upon receiving the assignment.
First, it is of essence not to panic, as the law firm representing the employer is not left alone in the process. They assist in the preparation process. Keep open communication with them, providing necessary inputs at every step to mitigate potential pitfalls or any adverse outcomes.
Understand your duties and responsibilities comprehensively. They may involve issues or areas outside your typical role or knowledge scope. Garner as much information as possible regarding all aspects of the lawsuit, as the court interprets the corporate representative’s deposition as that of the corporation.
Preparation for deposition demands comprehensive knowledge not only of your role but also on other points that the legal team deems necessary. Concurrently, be prepared to answer or respond appropriately to inquiries on issues or aspects that fall within the purview of your role.
The responsibility of a corporate representative in deposition comes with anxiety and uncertainty. However, there are clear steps to handle the situation meticulously. It requires comprehension of roles and active collaboration with the legal team, further necessitating an earnest preparation approach.