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To: Daniel Schuh who wrote (21288)11/8/1998 11:46:00 PM
From: rudedog  Read Replies (3) | Respond to of 24154
 
Dan -
Bill's little forgetting act is a bit too convenient, considering that he seemed fairly obsessed with the matter at the time
I don't know how many depositions or other legal processes you have been involved in. I have been involved in a few more than I really wanted... The legal process is a lot different than the court of common sense. In the real world, one wants to make as good a case for one's ideas as one can, and always be ready to accept a position with more justification. In the courtroom, every statement is an opportunity for the other side to score some arcane point. The watchword is 'keep a low target profile'.

Attorneys love a witness who can't keep his mouth shut. The best deposition I ever watched started out like this: (Q is attorney, A is witness)
Q: can I ask your name?
A: Yes. (silence)
Q: Let me rephrase that, can you state your full name for the record?

... and so on. The witness provided only the absolute minimum information requested, and when there was any question in his mind about his recollection he said 'I can't recall". This man was someone whose integrity and honesty would never be questioned. But he recognized the legal process as a battle of words played by very special rules, and he responded by giving his opponents as few weapons in that battle as possible.

I would have been very surprised if Bill Gates had volunteered anything at an adversarial deposition, given the quality of counsel at his disposal.