Amanda Weiner Deposition Outline #8A Information Gathering & Using Exhibits: Deposition of Simon Clark Clarks sexual

relationship with employees at Parker and Gould other than Polisi Introduction A. Make sure court reporter is settled; give reporter pleading which contains case caption, my name, address, etc. B. Indicate where opposing counsel should sit C. Ask if the person is comfortable D. If other side has documents, copy them prior to starting deposition E. Work out who pays for the deposition F. What kind of transcript you want- condensed version on paper or electronic copy G. Exhibits- who will keep exhibits (reporter or other party) H. Discuss time (in federal practice depositions are limited to 7 hours) I. Signal the recorder to begin J. Identify myself, purpose of being present (taking deposition of Simon Clark), who I represent (Margaret Polisi) and time and place of beginning of deposition K. Have reporter swear the witness L. Identify everyone else present 1. Introduce court reporter and explain that court reporter will write everything down unless told otherwise 2. If you want the reporter to stop, please state so explicitly 3. During the deposition, note the presence of persons interfering and leaving the room M. Usual stipulations 1. Waiving objections to the reporters qualifications 2. Waiving objections to defects in the deposition notice 3. Preserving until trial all objections except as to form 4. Stipulate to this deposition will go according to rules of civ pro Opening Questions/Explanations (can be asked throughout the introduction) Have you ever had your deposition taken before? Do you know what a deposition is? (if not, explain relative roles of parties, explain lawyers can object, but explain that under rules they have to answer anyway but only exception is if their lawyer tells them not to answer) You understand you are under oath? And that means sworn to tell the truth?

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And even though we are in an informal setting here in this office, your answers have the same force and effect as if we were in a courtroom with a judge and a jury? Are you prepared to answer my questions today? Have you had time to discuss this deposition process with your attorney? Theres nothing that will prevent you from giving me your full attention? Is there any reason at all why you might not be able to give fair and truthful answers today? You arent taking any medications or suffering from any illness that will prevent you from understanding my questions or answering them fully? If you dont understand one of my questions, will you let me know? I can then rephrase the question If you need to take a break at any time, tell me, and well take a break. Is that okay? When I ask you a question, please let me finish my question before you answer. When answering, please use only verbal responses. The court reporter will not be able to record a head nod or uh-huh so please make sure you answer all questions with a verbal response When answering a question, slow down, listen to the question, wait to hear if there are any objections, then state your answer.

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Preliminary Matters What is your name? Where/with who are you employed? What is your position/job title? What is your educational background? Please tell me about your employment background (where else youve worked) Why did you leave those other jobs? At your previous jobs, were you ever reprimanded for sexual harassment or any other negative conduct? More Preliminary Matters: Role at P&E When were you hired at P&G? What positions have you held at P&G since you began your employment with them? What duties were involved in those positions? What is your current job title and job description? What is the nature of work performed? What are your supervisory duties and responsibilities? What is your employment status/extent of authority in relation to Margaret Polisi? Did you supervise any other employees? If so, what were the positions of the people you supervised? Did you work with anyone else? If so, who?

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What is the extent of your authority to hire, promote, transfer, terminate employees, assign work, evaluate performance, give salary increases, and discipline employees?

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More Preliminary Matters: Employee Policies Did you receive and employee handbook? When? Did you read the handbook? Has the handbook been updated? If so, when? What did the updates contain? Did you receive any training on sexual harassment? If so: o What was your training? o When did you receive the training? o When was it conducted? o Who conducted the training? o How long did the training sessions last? o Who was required to attend? o Did you attend all sessions? Reputation at the Firm/ Marriage Are you currently married? o What is your wifes name? o How long have you been married? o How would you describe your marriage? Good/bad? How has it been recently (within past few years)? Do you have any children? o How many? What are their names and ages? o Do they live with you? o How is your relationship with your children? In your opinion, what would you say your colleagues at the firm think about you on a personal level? o Good/bad person? Hard worker? Etc. Do know of any reputation you have at the firm? o If No: Are you aware of your reputation among senior paralegals and/or women associates? Relationship with Women at the Firm In the course of your employment at P&G, have you worked with any female employees? o Who? o When? o In what context? o What was the relationship between you and the female? (Supervisor/Employee, Co-Partners, etc.) Have you ever had any interaction with any of those women outside of the office or any other work location? o With whom? o When?

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o In what context? (For work matters or personal?) Have you called or e-mailed them at their homes or any time outside work hours? o What was the nature of the conversation? Are those women still employed at P&G? o If not, where are they now? o Why did they leave? How was your relationship with those women? o Positive? Negative? o Appropriate work relationship, or more? Have you ever made any inappropriate sexual advances towards any women at the firm? This includes any sort of touching (other than handshakes and hugs) and/or sexual innuendos. o Kissing? Sending flowers? Meeting their children? Going out to dinner? o If so, what was their reaction? o Did you think this conduct was welcome? Why? o Have any woman told you that your words or actions have made them uncomfortable and/or asked you to stop? If so, what was your reaction? What did you do? Have any other employees prior to Ms. Polisi accused you of inappropriate conduct? o Who? o What happened? o Who investigated the allegations? o When was this allegation made? o What was alleged? o How was the matter resolved? Have you ever been sexually or romantically involved with any of the women employed at the firm? o If so, when? o With whom? o How/why did the relationship terminate? Who ended it? o How did those woman act toward you after the relationship ended? o Are those women still employed at P&G? If not, when did they leave and why? o Have you discussed these relationships with anyone else? If so, with whom? When? In what context? Please describe your relationship with Susan McGinty Please describe your relationship with Ellen Dosen Please describe your relationship with Karen Newman Please describe your relationship with Carol Merritt Have any these female employees ever received an offer for partnership? If so, who? When?

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Closing Is there anything else you want to tell me? Is there anything else you feel I should know?