# Preparing for a Deposition in a Business Case

https://www.youtube.com/watch?v=Fm1Pez0KDSU
Translation: zh-CN

[00:28] hmm
  嗯

[01:00] Your deposition is a tool that the other side will use to find out what you know.
  你的证词是对方用来了解你知道什么的一个工具。

[01:05] To commit you to a position and to
  让你陷入某种立场并且

[01:07] Search for a weakness in your company's case.
  在贵公司的案件中寻找弱点。

[01:11] It's a formal legal procedure in which the lawyer for the other side will ask you questions.
  这是一个正式的法律程序，对方的律师会问你问题。

[01:16] In what looks like an informal atmosphere.
  在一种看起来很随意的氛围中。

[01:20] And this very informality can be quite disarming.
  而这种随意性可能非常具有迷惑性。

[01:24] The setting resembles an ordinary business meeting.
  这种场合类似于一次普通的商务会议。

[01:27] Depositions usually take place in a conference room with you, your lawyer, the opposing counsel, and maybe lawyers for other parties, seated around the conference table.
  庭外证词通常在会议室进行，你、你的律师、对方律师以及其他方的律师可能会围坐在会议桌旁。

[01:42] But there are important differences.
  但也有重要的区别。

[01:42] You are under oath, and a court reporter takes down every answer you give.
  你是在宣誓后作证，法庭记录员会记录你说的每一个回答。

[01:51] And the things you say will have a direct bearing on the outcome of the case.
  你说的话将直接影响案件的结果。

[01:56] What you say at this deposition may determine whether or not the case is settled.
  你在这次庭外证词中的发言可能会决定案件是否会和解。

[02:00] And if it is, whether or not your company will be happy with the result.
  如果和解了，你的公司是否会对结果满意。

[02:05] Of course, if the case is not settled, it will go to trial.
  当然，如果案件没有和解，它将进入审判阶段。

[02:08] and you may be called as a witness.
  你可能会被传唤作证。

[02:11] before you get on the witness stand.
  在你登上证人席之前。

[02:13] the answers you gave at your deposition.
  你在庭外证词中提供的答案。

[02:15] maybe years before.
  也许是几年前。

[02:17] will be studied by the opposing lawyer.
  将被对方律师研究。

[02:19] if your answers were dishonest or if.
  如果你的回答不诚实或者。

[02:22] they were simply foolish.
  它们简直是愚蠢的。

[02:23] they will be used against you at the trial.
  它们将在审判中被用来对付你。

[02:25] there's one other important difference.
  还有另一个重要区别。

[02:27] you are the only one on unfamiliar turf.
  你在不熟悉的领域是孤身一人。

[02:31] lawyers have special training and experience in this procedure.
  律师在这个程序中有特殊的培训和经验。

[02:35] and you do not at least not yet.
  而你没有，至少现在还没有。

[02:36] to help you prepare.
  为了帮助你准备。

[02:40] we're going to take you to several depositions so you can see the kinds of situations you're likely to encounter.
  我们将带你参加几次庭外证词，这样你就可以看到你可能遇到的情况。

[02:47] we'll show you the mistakes most people make and then we'll give you the knowledge that will help you to avoid them.
  我们将向你展示大多数人会犯的错误，然后我们将给你知识来帮助你避免它们。

[02:55] we're about to see the deposition of the chief executive officer of a major industrial company.
  我们将要看到一家大型工业公司的首席执行官的庭外证词。

[03:01] his firm has tried to buy up the stock of a smaller outfit called corrosive chemicals.
  他的公司试图收购一家名为腐蚀性化学品的小公司。

[03:04] the lawsuit occurred because corrosive didn't want to be
  诉讼发生是因为腐蚀性化学品公司不想被

[03:09] bought out and they went to federal court to stop it.
  被收购，他们诉诸联邦法院阻止此事。

[03:13] claiming that our witness and his company were up to no good.
  声称我们的证人及其公司不怀好意。

[03:17] Our witness is a confident man who has always gotten his own way before.
  我们的证人是一个自信的人，他以前总是随心所欲。

[03:22] Let's watch what happens to him now when he faces an attorney whose job it is to handle men like him.
  让我们看看现在当他面对一位负责处理像他这样的人的律师时会发生什么。

[03:31] About 10 days ago and Mr. Jones, why did your company make this tender offer for Corrosive Chemicals Corporation?
  大约十天前，琼斯先生，贵公司为何要对腐蚀性化学品公司提出这项收购要约？

[03:38] Well, um, I'd gotten this call from an investment banker I've known for some years.
  嗯，我接到了一位我认识多年的投资银行家的电话。

[03:43] He wanted to know if I had any interest in acquiring Corrosive Chemicals.
  他想知道我是否有兴趣收购腐蚀性化学品公司。

[03:48] Investment banker? Yeah, yeah, Dick Johnson.
  投资银行家？是的，是的，迪克·约翰逊。

[03:52] Dick Johnson. So I said, sure, you know, let me see some information.
  迪克·约翰逊。所以我说，当然，给我看看一些信息。

[03:56] And so he sent me up a memo later on in the day.
  所以他当天晚些时候给我发了一份备忘录。

[03:59] A memo? Yes.
  备忘录？是的。

[04:01] So I called up Jerry Bookbinder.
  所以我打电话给杰里·布克宾德。

[04:03] Oh, he's my VP of Finance.
  哦，他是我公司的财务副总裁。

[04:06] And I asked Jerry to look over the memo and get back to me later on that afternoon.
  我让杰里审阅备忘录，并在当天下午晚些时候回复我。

[04:09] And did he? Oh, yes, he had his staff put
  他做了吗？哦，是的，他让他的员工...

[04:12] together a complete financial analysis.
  一起做了一份完整的财务分析。

[04:14] it looked very promising.
  它看起来很有希望。

[04:14] it did yeah.
  确实如此，是的。

[04:18] so the next day i called a meeting of my executive committee and they all thought the reports looked great.
  所以第二天我召集了我的执行委员会开会，他们都认为报告看起来很棒。

[04:23] ah did they yes yeah yeah oh.
  啊，他们是吗？是的，是的，是的，哦。

[04:27] except for the head of the audit committee he said that he wanted to get some legal input.
  除了审计委员会的主席，他说他想征求一些法律意见。

[04:30] so we all decided to meet later in the day.
  所以我们都决定当天晚些时候再开会。

[04:34] well when my lawyer looked at those reports he said boy have you got a problem.
  嗯，当我的律师看了那些报告后，他说，天哪，你遇到麻烦了。

[04:39] what's the matter what i say what did he say.
  怎么了？我说什么？他说了什么？

[04:43] he said too much he made a very common mistake.
  他说得太多了，他犯了一个非常普遍的错误。

[04:47] he volunteered he was really asked only one specific question.
  他主动说了，他实际上只被问了一个具体的问题。

[04:51] why but instead of answering just that question he began to tell a story.
  为什么？但没有直接回答那个问题，他开始讲一个故事。

[04:56] let's rerun this scene and see exactly what it was our witness volunteered.
  让我们重演一下这个场景，看看我们的证人到底主动说了什么。

[05:05] mr jones why did your company make this tender offer for corrosive chemicals corporation.
  琼斯先生，为什么贵公司要向腐蚀化学品公司提出这个招标？

[05:09] well um.
  嗯，嗯。

[05:12] I'd gotten this call from an investment banker I've known for some years.
  我接到了一个我认识了好多年的投资银行家打来的电话。

[05:17] She wanted to know if I had any interest in acquiring corrosive chemicals.
  她想知道我是否有兴趣收购腐蚀性化学品。

[05:22] Investment banker, yeah, yeah, Dick Johnson.
  投资银行家，是的，是的，迪克·约翰逊。

[05:26] So I said, sure, you know, let me see some information.
  所以我说，当然，你知道，让我看些信息。

[05:28] And so he sent me up a memo later on in the day.
  于是他在当天晚些时候给我发了一份备忘录。

[05:32] So I called up Jerry Bookbinder, oh, he's my VP of finance.
  所以我打电话给杰瑞·布克宾德，哦，他是我公司的财务副总裁。

[05:36] And I asked Jerry to look over the memo and get back to me later on that afternoon.
  我让杰瑞审阅备忘录，并在当天下午晚些时候给我回复。

[05:41] He had his staff put together a complete financial analysis.
  他让他的员工做了一份完整的财务分析。

[05:44] It looked very promising, so the next day I called a meeting of my executive committee.
  看起来很有希望，所以第二天我召集了我的执行委员会开会。

[05:49] And they all thought the reports looked great, except for the head of the audit committee.
  他们都认为报告看起来很棒，除了审计委员会的主席。

[05:53] He said that he wanted to get some legal input.
  他说他想获得一些法律意见。

[05:56] When my lawyer looked at those reports, he said, boy, have you got a problem.
  当我的律师看了那些报告后，他说，天哪，你们有麻烦了。

[06:01] There were at least nine points that our witness volunteered.
  我们的证人至少主动提供了九个要点。

[06:05] Now let's watch what the opposing council will do with that information.
  现在让我们看看对方律师会如何利用这些信息。

[06:10] Okay, well, thank you, Mr. Jones.
  好的，嗯，谢谢你，琼斯先生。

[06:13] I'd like to go over some of these matters with you in a little more detail.
  我想更详细地和你谈谈这些事情。

[06:18] Let's start from the top, this investment banker, Dick Johnson, who does he work for?
  让我们从头开始，这位投资银行家迪克·约翰逊，他为谁工作？

[06:21] Dick, um, gee, uh, he, um, he's a partner in the firm of of, uh, now that analysis that you're Mr. Bookbinder staff prepared.
  迪克，嗯，呃，他，嗯，他是公司的一名合伙人，呃，现在你提到的布克宾德先生的员工准备的那个分析。

[06:35] Where is that report now?
  那份报告现在在哪里？

[06:44] We, we, we destroyed the report.
  我们，我们，我们销毁了报告。

[06:47] I see. Exactly when did you destroy that?
  我明白了。你具体是什么时候销毁的？

[06:51] I believe you mentioned something about the head of the audit committee.
  我相信你提到了审计委员会主席的事情。

[06:55] What's his name? Oh, well, that's Bill Morgan.
  他叫什么名字？哦，是比尔·摩根。

[06:59] Uh, he's been with a firm for 15 years. He came from, uh.
  呃，他在这家公司工作了15年。他来自，呃。

[07:03] Now, you said your lawyer told you that he felt you had some problems.
  现在，你说你的律师告诉你，他觉得你有些问题。

[07:07] Exactly what problems did he tell you?
  他具体告诉你是什么问题了？

[07:10] I object on the grounds of attorney-client privilege and I direct the witness not
  我反对，理由是律师-客户特权，我指示证人不

[07:14] To answer John.
  回答约翰。

[07:16] John, your client volunteered that information.
  约翰，你的客户自愿提供了该信息。

[07:20] And I'm going to apply to the judge for an order to compel your client to tell the rest of the story.
  我将向法官申请一项命令，强制你的客户说出故事的其余部分。

[07:26] Do whatever you want to do. I will. That's why you never volunteer.
  你想做什么就做什么。我会的。这就是为什么你从不主动提供信息。

[07:30] Once you introduce a subject, you can be sure the other side will question you about it.
  一旦你提出一个话题，你可以肯定对方会就此盘问你。

[07:35] And at that point, you will be required to discuss it in detail.
  届时，你将被要求详细讨论它。

[07:41] As you saw, this even applies to such privileged information as discussions that took place between you and your lawyer.
  正如你所见，这甚至适用于你与律师之间进行的讨论等特权信息。

[07:49] You were obliged to answer each question fairly and honestly.
  你有义务公平诚实地回答每个问题。

[07:54] But you don't have to tell anyone your whole life story.
  但你不需要告诉任何人你一生的全部故事。

[07:58] You should answer only the question you're asked.
  你应该只回答你被问到的问题。

[08:00] Keep your answer short and then stop.
  让你的回答简短然后停止。

[08:05] If the opposing lawyer wants more information, it's his job to ask you another question.
  如果对方律师想要更多信息，那是他的工作，他会再问你一个问题。

[08:11] Let's see how a more careful witness could have handled this situation.
  让我们看看一位更谨慎的证人如何处理这种情况。

[08:16] Mr. Smith, why did your company make this tender offer for Corrosive Chemicals Corporation?
  史密斯先生，贵公司为何要对腐蚀化学品公司提出这项收购要约？

[08:26] It was a good investment, or what made you think that it was a good investment?
  这是一项好的投资，还是什么让您认为这是一项好的投资？

[08:34] We could make money on it.
  我们可以在上面赚钱。

[08:37] So you thought Corrosive was attractive because the stock was selling at a low price?
  所以您认为腐蚀公司很有吸引力，因为它的股票价格很低？

[08:44] That's right, but what made you think it was selling at a low price?
  没错，但是什么让您认为它的价格很低？

[08:51] I can tell the price from looking in the back of the Wall Street Journal.
  我可以从华尔街日报的背面看出价格。

[08:55] How's that?
  怎么说？

[09:02] All right, so when you looked in the back of the Wall Street Journal, the price of the stock appeared to you to be low.
  好的，所以当您查看华尔街日报的背面时，您认为该股票的价格很低。

[09:11] That's right, low compared to what?
  没错，低？与什么相比？

[09:18] to what it was before.
  它就是之前的样子。

[09:22] exactly what did your lawyers tell you about this deal?
  你的律师到底告诉了你关于这笔交易什么？

[09:25] that is privileged.
  那是特权信息。

[09:25] i direct the witness not to answer.
  我指示证人不要回答。

[09:28] this witness took it slowly and listened to the questions.
  这位证人慢慢来，仔细听问题。

[09:32] he answered only what was asked.
  他只回答被问到的问题。

[09:32] he kept his answers short.
  他让回答简短。

[09:36] and he didn't volunteer any information.
  而且他没有主动提供任何信息。

[09:40] he also paused before every answer and this gave him time to think.
  他还在每次回答前停顿，这给了他思考的时间。

[09:44] it also gave his lawyer a chance to make an objection.
  这也给了他的律师一个提出异议的机会。

[09:48] so this time around the other side wasn't able to pry into any privileged areas.
  所以这次对方就无法探究任何特权领域了。

[09:54] now what have we learned from this sequence?
  那么我们从这个过程中学到了什么？

[09:57] number one listen to the question.
  第一，听清问题。

[10:00] number two pause before you answer.
  第二，回答前停顿。

[10:04] number three keep your answers short.
  第三，让回答简短。

[10:08] and number four never volunteer.
  第四，永远不要主动提供信息。

[10:12] now let's see how even a witness who has a little bit of experience can still be led into a trap.
  现在让我们看看，即使是有点经验的证人，也可能被引入陷阱。

[10:18] A good lawyer will try to put words into your mouth by asking you a tricky question.
  一位好的律师会通过问你一个棘手的问题来试图把话塞进你的嘴里。

[10:23] You've probably heard the classic example: Have you stopped beating your wife yet?
  你可能听过一个经典的例子：你是否已经停止殴打你的妻子了？

[10:29] No means that you still beat your wife, and yes means that you used to beat her.
  回答“否”意味着你仍然殴打你的妻子，回答“是”意味着你过去殴打过她。

[10:34] It's a no-win situation, and you have to watch out for it carefully because it can be very hard to spot.
  这是一个两难的局面，你必须小心提防，因为它可能很难被发现。

[10:43] The trickiest questions are usually asked in the friendliest, most conversational style, or they're hidden in a series of perfectly straightforward questions.
  最棘手的问题通常是以最友好、最随和的方式提出的，或者它们隐藏在一系列完全直接的问题中。

[10:54] In this next deposition, our witness heads a department in a big market research company.
  在接下来的这次证词陈述中，我们的证人是一家大型市场研究公司的一个部门的负责人。

[11:00] Her company's client, an orange juice producer, has gone into court to try to get an injunction against the TV ad being run by the competition.
  她公司的客户，一家橙汁生产商，已提起诉讼，试图获得针对竞争对手播放的电视广告的禁令。

[11:09] They claim this ad is hurting their business because it's misleading, and they are basing this claim on a consumer study of the ad that our witness was hired to perform.
  他们声称这个广告损害了他们的业务，因为它具有误导性，并且他们是基于一项由我们的证人负责进行的该广告的消费者研究来提出这一主张的。

[11:20] The other side is out to discredit that consumer study.
  另一方正试图诋毁那项消费者研究。

[11:23] As you're about to see.
  正如你即将看到的。

[11:26] And when did golden ray orange juice come to you with this project?
  金光橙汁公司是什么时候带着这个项目来找你的？

[11:30] Oh, about six weeks ago.
  哦，大约六周前。

[11:30] Who did you deal with at golden ray?
  你在金光公司和谁打交道？

[11:36] Oh, lots of people.
  哦，很多人。

[11:36] Who is your principal liaison?
  你主要的联络人是谁？

[11:40] Oh, that was Jim Gerard, the VP of marketing.
  哦，那是吉姆·杰拉德，营销副总裁。

[11:44] Had you worked together with this Mr. Gerard before?
  你以前和杰拉德先生一起工作过吗？

[11:47] Oh, yes.
  哦，是的。

[11:51] Before you began this project, did you have any agreements in writing as to what you would do?
  在你开始这个项目之前，你们是否有任何书面协议说明你们将做什么？

[11:57] Oh, no.
  哦，没有。

[11:57] It was very informal.
  那非常随意。

[11:58] Was there any written budget?
  有书面预算吗？

[12:02] No, no written budget.
  没有，没有书面预算。

[12:02] Had you had any discussions about what it would cost?
  你们是否讨论过它的成本？

[12:07] Oh, yes, of course.
  哦，是的，当然。

[12:13] What was the assignment that you got from golden ray?
  你从金光公司接到的任务是什么？

[12:16] To do a good scientific research study.
  做一个好的科学研究。

[12:19] Uh, to take the ads and see how the
  呃，看看广告，看看它是如何

[12:21] consumers reacted to them and you concluded that the ads were misleading.
  消费者对它们做出了反应，你得出结论，这些广告具有误导性。

[12:26] oh yes did you estimate the amount of time required for the various parts of the project?
  哦，是的，你估计了项目各个部分所需的时间吗？

[12:33] oh yes and how many man hours did you estimate would be required to show that the ads were misleading?
  哦，是的，你估计需要多少人时才能证明这些广告具有误导性？

[12:41] about 400 who actually did the work on that?
  大约400人，谁实际做了这项工作？

[12:45] our regular interviewing staff and how many hours did they actually spend?
  我们的常规面试人员，他们实际花了多少小时？

[12:51] about 410.
  大约410小时。

[12:57] at some point during that exchange our witness missed the tricky question and she gave the other side the ammunition they were seeking.
  在那次交流的某个时候，我们的证人错过了那个棘手的问题，她给了对方他们想要的弹药。

[13:05] let's listen again closely to one particular question.
  让我们再仔细听一个特别的问题。

[13:10] did you estimate the amount of time required for the various parts of the project?
  你估计了项目各个部分所需的时间吗？

[13:15] yes and how many man hours did you estimate would be required to show that the ads were misleading?
  是的，你估计需要多少人时才能证明这些广告具有误导性？

[13:21] About 400 by answering that tricky question.
  大约400，通过回答那个棘手的问题。

[13:26] The witness implied that the firm had set out all along to show that the ads were misleading.
  证人暗示该公司从一开始就打算证明这些广告具有误导性。

[13:32] How could she have avoided giving this answer?
  她怎么能避免给出这个答案呢？

[13:35] A witness who listens to the question will hear the trick.
  一个听了问题的证人会听出其中的诀窍。

[13:39] And at that point there are two things that can be done.
  在这一点上，可以做两件事。

[13:43] First, a more careful witness can simply pause before answering each question.
  首先，一个更谨慎的证人可以在回答每个问题之前简单地停顿一下。

[13:48] By doing so, this witness will give her lawyer time to object.
  通过这样做，这位证人将有时间让她的律师提出异议。

[13:54] Did you estimate the amount of time required for the various parts of the project?
  你估计了项目各个部分所需的时间吗？

[14:01] Yes, and how many man-hours did you estimate would be required to show that the ads were misleading?
  是的，你估计需要多少人时才能证明广告具有误导性？

[14:12] Well, objection to the form of the question.
  嗯，反对问题的形式。

[14:16] Your question assumes that they set out to show that the ads are misleading.
  你的问题假设他们打算证明广告具有误导性。

[14:20] Okay, I'll rephrase the question.
  好的，我将重新表述问题。

[14:26] The second thing a careful witness can do is to ask for a clearer, fairer question.
  证人可以做的第二件事是要求一个更清晰、更公平的问题。

[14:34] And how many man-hours did you estimate would be required to show that the ads were misleading?
  您估计需要多少人时才能证明这些广告具有误导性？

[14:42] I don't think I understand your question.
  我不认为我理解您的问题。

[14:44] Why not?
  为什么不呢？

[14:47] We weren't trying to show that the ads were misleading.
  我们并不是想证明这些广告具有误导性。

[14:55] Oh, how can you protect yourself from the tricky question and keep the other side from putting words in your mouth?
  哦，您如何保护自己免受棘手问题的侵害，并防止对方信口雌黄？

[15:01] First, listen and listen hard to the question.
  首先，认真倾听问题。

[15:06] Then pause before you answer.
  然后，在回答之前停顿一下。

[15:09] This will give you time to think and your lawyer time to object.
  这将为您争取思考时间，并为您的律师争取提出异议的时间。

[15:14] And finally, if you have to ask for a clearer, fairer question.
  最后，如果您必须要求一个更清晰、更公平的问题。

[15:17] Asking for another question can be hard to do.
  要求另一个问题可能很难做到。

[15:23] After all, when did you ever hear a witness ask Perry Mason to explain a
  毕竟，您何时曾听说有证人要求佩里·梅森解释一个

[15:27] Question. The fact is you're entitled to a question in clear, simple English without any hidden meanings.
  问题。事实上，你有权用清晰、简单的英语提问，没有任何隐藏的含义。

[15:35] And you have the right to interrogate the interrogator to make sure that you get it.
  你有权审问审问者，以确保你理解。

[15:40] Our third deposition will show you how to do just that.
  我们的第三次宣誓作证将向你展示如何做到这一点。

[15:45] We're going to look in on a case where a movie studio and its accountants are being sued by the investors in a film that flopped.
  我们将审视一个案件，其中一家电影制片厂及其会计师正被一部失败电影的投资者起诉。

[15:53] The investors claimed that the studio paid no attention to how their money was being spent and did nothing to stop cost overruns.
  投资者声称，制片厂没有注意他们的钱是如何花费的，也没有采取任何措施来阻止成本超支。

[16:02] Our witness is the assistant to the president of the movie company, and he's much more concerned about appearing confident than he is about making sure he understands the questions.
  我们的证人是这家电影公司总裁的助理，他更关心的是显得自信，而不是确保他理解问题。

[16:13] Whenever you're asked a question that sounds unclear or ambiguous, you should never try to muddle through or pretend you understand it.
  每当你被问到一个听起来不清楚或含糊不清的问题时，你永远不应该试图含糊其辞或假装你理解它。

[16:22] Even though you might feel foolish, you must ask the other lawyer exactly what he means.
  即使你可能觉得很愚蠢，你也必须问另一位律师他到底是什么意思。

[16:28] Otherwise you may find yourself like this witness involved in a much more serious folly, namely committing yourself to a position you never meant to take.
  否则，你可能会发现自己像这位证人一样，卷入一个更严重的愚行，即承诺一个你从未打算采取的立场。

[16:39] Watch, you are aware that there was a meeting of the board of directors of Celestial Cinema on January 15th?
  请注意，你是否知道1月15日召开了Celestial Cinema董事会会议？

[16:45] Yes, did you participate in the January 15th meeting?
  是的，你参加了1月15日的会议吗？

[16:51] What does he mean by participate? Does he mean was I there or did I speak up?
  他说的参加是什么意思？是说我在场还是我发言了？

[16:54] I was there, but I didn't say anything.
  我在场，但我什么也没说。

[16:57] Oh, well, no. Before that meeting, did you review the briefing materials that are marked as Exhibit 31?
  哦，好吧，不。在那次会议之前，你是否审阅了标记为Exhibit 31的简报材料？

[17:09] Well, I did check over those materials, but I didn't really actually review them.
  嗯，我确实检查了那些材料，但我并没有真正地审阅它们。

[17:14] No, I didn't at any time.
  不，我任何时候都没有。

[17:17] Did you see an audit report on the production expenses?
  你是否看到过关于制作费用的审计报告？

[17:21] I remember seeing a financial report. That's what tipped us off to the overruns, but I don't think it was an audit report.
  我记得看到过一份财务报告。那让我们注意到了超支，但我不认为那是一份审计报告。

[17:29] no.
  不。

[17:30] I didn't. Every one of those questions could have been answered in at least two different ways depending on what the lawyer meant by a key word.
  我没有。那些问题中的每一个都可以用至少两种不同的方式来回答，这取决于律师对关键词的含义。

[17:39] But instead of asking for an explanation, the witness chose to interpret those key words for himself.
  但证人没有要求解释，而是选择自己解释那些关键词。

[17:46] Then he provided answers to the questions he thought he was being asked.
  然后，他回答了他认为自己被问到的问题。

[17:52] He may have saved himself a few awkward moments at his deposition, but we'll see how he bought himself some serious problems later.
  他可能在庭外证词中为自己节省了一些尴尬的时刻，但我们稍后会看到他给自己带来了严重的麻烦。

[17:59] While being cross-examined at the trial, Mr. Brandt, when your lawyer questioned you just now on direct examination, you said you were at the January 15th board meeting.
  在庭审中接受交叉询问时，布兰特先生，当你的律师刚才在直接询问时问你时，你说你参加了1月15日的董事会会议。

[18:14] That the board discussed a financial report on the production, that they instructed you to get on top of the cost overruns at that time, but that by then the damage had been done.
  董事会讨论了关于生产的财务报告，他们指示你当时要控制成本超支，但到那时损害已经造成了。

[18:26] That's correct.
  那是正确的。

[18:29] But.
  但是。

[18:30] At your deposition in this case, were you not asked the following questions and did you not give the following answers?
  在你这次案件的庭审陈述中，你没有被问到以下问题并给出以下回答吗？

[18:42] Page one six five.
  第一六五页。

[18:49] Question: Are you aware that there was a meeting of the board of directors of Celestial Cinema on January 15th?
  问题：你是否知道1月15日召开了Celestial Cinema的董事会会议？

[18:56] Answer: Yes.
  回答：是的。

[18:59] Question: Did you participate in the January 15th meeting?
  问题：你是否参加了1月15日的会议？

[19:03] Answer: No.
  回答：没有。

[19:06] Question: Before that meeting, did you review the briefing materials that were marked Exhibit 31?
  问题：在那次会议之前，你是否审阅了被标记为Exhibit 31的简报材料？

[19:11] Answer: No, I didn't.
  回答：没有，我没有。

[19:17] Question: At any time, did you see an audit report on the production expenses?
  问题：你是否在任何时候看到过关于制作费用的审计报告？

[19:27] Why you not in fact ask those questions?
  为什么你实际上没有问那些问题？

[19:30] Mr. Brandt, and did you not in fact give those answers?
  布兰特先生，你事实上没有给出那些答案吗？

[19:35] Yes, I did. Thank you, Mr. Brandt.
  是的，我给出了。谢谢你，布兰特先生。

[19:39] No further questions.
  没有其他问题了。

[19:43] Mr. Brandt should have exercised his right to interrogate the interrogator at his deposition.
  布兰特先生本应在庭审时行使质询质询者的权利。

[19:47] He could easily have saved himself the embarrassment you just saw.
  他本可以轻易地避免刚才你看到的尴尬。

[19:52] If he had asked for a clearer question before he committed himself to an answer.
  如果他在承诺回答之前要求一个更清晰的问题。

[19:59] A different witness who had been better prepared would have made sure he understood what was being asked.
  另一位准备更充分的证人会确保他理解了所问的问题。

[20:06] Let's take a look at what should have happened at that deposition.
  让我们来看看在那个庭审中本应发生什么。

[20:11] You are aware that there was a meeting of the board of directors of Celestial Cinema on January 15th?
  你知道1月15日有一个Celestial Cinema董事会会议吗？

[20:15] Yes.
  是的。

[20:18] Did you participate in that meeting?
  你参加了那个会议吗？

[20:20] What exactly does he mean by participate?
  他说的参与到底是什么意思？

[20:24] What do you mean by participating?
  你说的参与是什么意思？

[20:27] Did you take part?
  你参与了吗？

[20:28] Did you speak up?
  你发言了吗？

[20:30] No, I didn't say anything at the meeting.
  不，我在会议上什么都没说。

[20:32] but you were there oh yes

[20:35] before that meeting did you review the

[20:37] briefing materials marked as

[20:39] exhibit 31

[20:42] review what does review mean

[20:46] what do you mean by review did you read

[20:49] them all

[20:49] thoroughly no i didn't read them

[20:52] thoroughly

[20:53] did you look at them at all oh yes i did

[20:57] never be afraid to ask and while we're

[21:00] on the subject

[21:01] there are a number of things you should

[21:03] ask your own lawyer before the

[21:05] deposition

[21:06] be sure to bring to his attention any

[21:08] areas that are troubling you

[21:10] which you think could be damaging to you

[21:12] or to your company

[21:14] if you don't get your lawyer's advice in

[21:16] advance it will be a lot harder for him

[21:18] to help you

[21:20] you should also ask your lawyer how he

[21:22] wants to interact with you during the

[21:24] deposition

[21:25] for example what does he want you to do

[21:27] if you need his advice in the middle of

[21:29] the questioning

[21:30] the lesson of this sequence is simple a

[21:33] careful witness

[21:34] always asks ask the other lawyer for a

[21:38] question you can understand

[21:39] while you're at the deposition and ask

[21:42] your own lawyer to clear up any points

[21:44] that trouble you

[21:45] before the deposition we've gone over a

[21:48] lot of ground

[21:50] but there's still a few points left to

[21:51] cover and we've saved the most important

[21:54] point for last

[21:56] always be honest you'll be under oath at

[21:59] your deposition

[22:00] and you'll be swearing to the truth of

[22:02] everything you say

[22:03] you must testify honestly and you must

[22:06] never try to fill

[22:07] in things that you think might have

[22:09] happened or

[22:11] add things that you think you ought to

[22:13] say to make your testimony sound better

[22:16] never be afraid to say that you don't

[22:18] know or that you don't remember

[22:21] if you're asked a question and you don't

[22:23] know the answer

[22:24] from your own knowledge you must say i

[22:28] don't know

[22:29] take our next and final witness he's the

[22:32] chief engineer for a small manufacturing

[22:34] firm

[22:35] that is suing a european company for

[22:37] stealing its trade secrets

[22:39] our witness has to try hard to remember

[22:42] who said what to whom

[22:44] at a meeting held several years ago

[22:46] unfortunately

[22:48] he doesn't know that more witnesses get

[22:50] in trouble for guessing at answers

[22:52] or filling in gaps in their memory than

[22:54] for any other reason

[22:58] these trade secrets are worth how much

[22:59] mr atwood about five million dollars

[23:03] and you say that someone from my client

[23:06] admitted that these

[23:07] trade secrets were the property of your

[23:09] company

[23:10] that's right and who was it who admitted

[23:14] this

[23:14] mr gruber bonhoeff's vice president for

[23:17] manufacturing

[23:19] are you quite sure that he said that

[23:21] these so-called secrets belong to your

[23:23] company

[23:24] oh yes quite sure where exactly did mr

[23:28] gruber say this

[23:30] at a meeting in my office in princeton

[23:33] and when was this alleged meeting you

[23:36] know it's been almost

[23:37] three years and i just can't remember

[23:40] for sure when that meeting took place

[23:42] if i say i don't know she'll make it

[23:44] sound like i just don't know what i'm

[23:46] talking about

[23:48] well it must have been in september

[23:50] because i remember it was right after

[23:52] the plant closed for vacation

[23:55] of course it must have been in september

[23:58] it was in september

[24:00] mr atwood just guessed about when the

[24:02] meeting took place at his deposition

[24:04] and now he's going to be cross-examined

[24:07] at trial

[24:09] this agreement is worth about five

[24:11] million dollars to you and your company

[24:13] isn't it mr atwood

[24:16] yes i guess it is and you're positive

[24:20] that mr gruber said that the trade

[24:22] secrets belonged to your company

[24:24] and not merely that he understood that

[24:26] you felt that way

[24:29] absolutely you wouldn't just be

[24:32] filling in your memory a little bit

[24:34] because it's worth five

[24:36] million dollars to you no no of course

[24:38] not

[24:39] and mr gruber allegedly made this

[24:41] admission during a meeting held at your

[24:43] office

[24:44] that's right and when did you have that

[24:47] meeting with mr gruber

[24:48] that was in september you are aware

[24:52] aren't you that

[24:53] mr gruber is a citizen of germany and

[24:55] that he cannot travel back and forth to

[24:57] this country without a passport

[25:03] yes and that you have to have your

[25:05] passport stamped

[25:06] before you can be admitted to this

[25:08] country right

[25:12] i suppose so

[25:18] i show you exhibit 49 the passport of mr

[25:22] gruber

[25:22] during the period in question please

[25:26] look through the passport for me and

[25:28] confirm that mr gruber did not enter

[25:30] this country in september

[25:32] and that he was not here in july or

[25:34] august

[25:36] and that as a matter of fact he wasn't

[25:38] here in october or november either

[25:40] isn't that right

[25:46] yes so when you said you had a meeting

[25:49] with mr gruber in september

[25:51] you were filling in to help your company

[25:55] get that five million dollars

[25:59] i i must have just been mistaken that's

[26:02] all and when you say that you're

[26:04] sure that mr gruber admitted that the

[26:06] trade secrets belonged to your company

[26:08] and not that he knew that you just

[26:10] always felt that way

[26:12] you aren't just filling in there too

[26:16] are you oh no oh so what you're telling

[26:19] me is that

[26:20] you were filling in about when the

[26:22] meeting happened

[26:24] but not about what happened at the

[26:26] meeting

[26:30] i don't think i can answer that

[26:35] no further questions your honor

[26:40] that's what can happen when you make

[26:41] things up if mr atwood had given the

[26:44] honest answer that he simply did not

[26:46] remember when the meeting took place

[26:48] what you've just seen would never have

[26:49] happened to him if you don't know

[26:52] something

[26:53] or you don't remember say so never guess

[26:57] or

[26:57] fill in when you're under oath if you

[26:59] only testify as to what you know

[27:01] personally you'll never get tripped up

[27:06] it might have seemed at the beginning of

[27:07] this program that the opposing council

[27:10] had all the odds stacked in his favor

[27:12] but you've seen that there are several

[27:14] things that you can do

[27:16] to even up those odds never volunteer

[27:21] answer only the question put to you and

[27:24] keep your answers

[27:25] short and direct watch out for the

[27:28] tricky question

[27:31] listen hard then pause before you answer

[27:34] to give your lawyer time to object

[27:38] when in doubt ask interrogate the

[27:41] interrogator

[27:42] to get a clearer fairer question and ask

[27:45] your own lawyer to clear up anything you

[27:47] don't understand

[27:50] beware the foibles of memory

[27:53] honesty is always the best policy don't

[27:56] ever be afraid to say you don't know

[27:58] or you don't