Defending the deposition of the Elderly Former Employee, Appendix
by
Helen L Marsh on Jun. 05, 2012
Employment Civil & Human Rights Elder Law
Summary: Summary: The need for historical business information is becoming more acute, so you are likely to have to defend the deposition of an elderly witness. Be sure to plan your approach in advance.
Sample Letter To Multiple Former Employees
[CORPORATE LETTERHEAD]
[DATE]
Dear -,--- _
I am writing to advise you that Acme Corporation has been sued in a number of lawsuits claiming that the widgets manufactured by Acme from 1950 through 1975 at the Harrisburg facility contain a substance that may have caused injury to certain individuals. The company firmly believes there is no merit to this allegation and is vigorously defending itself in these lawsuits on both factual and legal grounds.
We believe that you may have knowledge of possible relevance to these claims. Because of this, the company is required to disclose your name and last known address to the plaintiff's attorneys suing it. Thus, you may be contacted by one of these attorneys or by a private detective acting on their behalf.
The Acme Corporation would also like to speak to you with regard to these matters, and will be contacting you through our in-house attorney, Laura Lawyer. If you do not hear from Ms. Lawyer shortly, please feel free to contact her by calling her collect at 555.555.5555.
Although Acme Corporation cannot instruct you to refrain from speaking to any plaintiff's lawyer or private detective who contacts you, the company prefers that Ms. Lawyer arrange any such contacts. Moreover, you should know that if you are contacted by anyone other than Ms. Lawyer, that individual is NOT contacting you on behalf of Acme Corporation. Furthermore, you are required to refrain from discussing matters that are privileged or that constitute trade secrets.
Acme Corporation appreciates your cooperation in the investigation of this litigation matter and asks that you contact Ms. Lawyer if you have any questions or concerns, or if any other person contacts you regarding this matter.
Thank you.
Sincerely,
Company Executive
APPENDIX 2
Sample Thank You Letter After Initial Contact
[LAW FIRM LETTERHEAD]
[DATE]
Dear _
Thank you so much for meeting [speaking] with me recently regarding the widget litigation
against Acme Corporation. You were able to provide me with invaluable background information regarding the history of the company.
If you have any questions, or any further thoughts regarding these cases, please give me a call. In
addition, if you are contacted by anyone other than me regarding this litigation, I would appreciate hearing from you before you agree to talk to that person. Finally, please ensure that you retain the
documents you currently have in your possession that relate to your employment at Acme: If you
should need assistance in storing these records in a safe location, let me know so we can make
arrangements to do that.
It was delightful to meet with you and I look forward to talking to you again.
Sincerely,
Law Firm Lawyer
APPENDIX 3
Sample Work History To Be Provided To Opposing Counsel
John J. Witness
OOB3/7/35
B.A., University of California, Mechanical Engineering, 1956
Acme Corporation Employment, 1956 - 1985:
1956 - 1959 Trainee, Corporate Headquarters, New Haven, CT
1959 - 1961 Plant Engineer, Wheeling, wv
1961-1965 Plant Engineer, Oakland, CA
1965 -1972 Senior Plant Engineer, St. Paul, MN
1972 -1980 Vice President, Engineering, New Haven, CT
1980 - 1986 Senior Vice President, Engineering, New Haven, CT
1986 Retired
PRACTICE CHECKLIST FOR
Defending The Deposition Of An Elderly Former Employee
• Make contact through a current or former employee who knows the deponent.
• Make your initial introduction by telephone call.
• Consider making a personal visit,
• Ask about documents in witness's possession.
• Follow up with a letter.
• Reconfirm your visit with a telephone call.
• Minimize stress and inconvenience to the witness.
• Assess health issues or limitations, if any.
• Address any medications that the deponent might be taking.
• Familiarize the deponent with the location at which the deposition will be taken, if possible.
• Advise opposing counsel of the witness's health or other limitations. • Prepare a list of medications, if the topic is unavoidable.
• Prepare a written educational and job history to admit into evidence.
• Be especially alert to signs of fatigue or confusion.
• Be especially alert to signs that disability is affecting the course of the deposition. • Assist in reading, correcting, and signing the deposition.
• Remain in contact with the witness if trial testimony is a possibility.