Emotions Run High When In-House Counsel is Deposed

This article examines the psychological effect on in-house counsel who are placed in the witness chair by their outside counsel, as well as the interpersonal dynamics that develop in that situation. By better understanding the power shift and emotions at play, attorneys can successfully navigate the deposition with relationships intact.

Self-doubt manifests itself when inside counsel begin to question their own legal advice, or how their work product has resulted in the litigation, even if the allegations are without merit. Fear and anxiety surface when in-house counsel senses that their reputation and job are at stake, particularly where the real or imagined threat of institutional harm is great. Anger can be directed at opposing counsel, outside counsel who “failed” to protect against the deposition, the judge that allowed it or others within the corporation or legal department.

The author provides some advice, beginning with accepting being a target of litigation and preparing for a prolonged ordeal by engaging in the process while maintaining a work-life balance.

In-house counsel should allow outside counsel to determine how much and what kind of preparation is required. Do not let pride or other commitments prevent the acquisition of key deposition skills. Be willing to block out significant portions of time, and to leave office and distractions behind.

In-house counsel will rarely relish being deposed, but understanding and accepting the emotional and psychological dynamics at play will help them to successfully weather the experience.