It has often been said that professionalism is not the job you do, it’s how you do the job. The truth of this old adage was made especially clear recently during depositions taking place in Tokyo. Unlike depositions in most other countries, which are governed by the Hague Convention, depositions in Japan are governed by a special convention between the United States and Japan. The aim of this convention is to ensure that Japanese citizens and Japanese companies are treated fairly when they are parties to litigation in the United States. As such, a number of protections have been established that require depositions to be taken at specific locations under the auspices of a U.S. Consular Officer. A special deposition visa is also required for all non-residents of Japan taking part in the deposition.
What the U.S.-Japan Convention never addressed, however, was whether or not these protections were to be afforded non-Japanese citizens working for non-Japanese companies. The answer to this question became evident this week when Planet Depos-American Realtime was retained to cover the deposition of a Chinese national employed by a Chinese company at the U.S. Embassy in Tokyo. When Embassy officials learned that the lead interpreter had failed to secure a deposition visa, they not only disqualified him from participating in the deposition, they also prohibited his attendance at the proceedings altogether. It seemed as though the deposition was over before it had even begun.
This is precisely the type of situation where maintaining one’s professionalism can mean the difference between success and failure. More specifically, when deposing counsel was made aware that there was a problem, he maintained his composure and began to solicit ideas from everyone in the room about how to solve the problem. His professionalism and calm demeanor earned him our respect and created a cooperative atmosphere that encouraged us to pursue every option we could think of with confidence.
Against all odds and with no time to spare, the Planet Depos Asia Team — consisting of Japan liaison Marian Kinoshita, PD International Scheduling Manager Neal Price, court reporter Lisa Feissner, and videographer Tom Feissner — was able to locate and secure the services of one of only two Mandarin-to-English interpreters who are also Japanese residents. After a brief delay, the deposition proceeded according to schedule, much to the satisfaction of all concerned, and proving once again the power of professionalism to solve problems and get the job done.
