Burying the Lede in Art and Law: A Deposition Revelation
I was just reading an interesting post about how the concept of “burying the lede” – that journalistic sin of hiding the most important information – can be found even in art, specifically in depictions of the Deposition of Christ. It got me thinking about how this relates to my own little corner of the world: legal depositions.
The Art of the Matter
The article draws a fascinating parallel between Michelangelo’s Deposition and Van der Weyden’s Deposition. It essentially argues that the emotional impact of these masterpieces is heightened by strategically revealing the core message – the profound sorrow and loss – gradually. You might even say the artists buried the lede on purpose. I found its notes on Van der Weyden Deposition particularly insightful.
Applying It to Legal Depositions
Now, in the legal world, burying the lede usually isn’t a good thing, especially in a deposition. The whole point of a deposition is to extract information, to get to the heart of the matter. Defense attorneys want to control the narrative as much as possible. But what if, sometimes, strategically delaying the most crucial information could be beneficial?
I’m not talking about outright deception, of course. That’s unethical, and it’ll backfire eventually. But consider this: a witness who feels comfortable and in control is more likely to offer up valuable information, even unintentionally. If you immediately hit them with the most challenging questions, they might clam up or become defensive.
The “Off the Cuff” Factor
This reminds me of a recent episode of the Off the Cuff podcast I listened to. The topic was witness preparation, and the hosts emphasized the importance of building rapport and establishing a comfortable atmosphere before diving into the tough stuff. It’s a delicate balance. You don’t want to appear weak or unprepared, but you also don’t want to scare the witness into silence.
Strategic Questioning
Perhaps the key is to think of a deposition as a carefully constructed narrative, much like Michelangelo’s Deposition. You start with the broader context, the background information, the less sensitive details. As the deposition progresses, you gradually narrow your focus, leading the witness towards the crucial information.
This approach requires careful planning and adaptability. You need to anticipate the witness’s responses and adjust your strategy accordingly. It’s not about tricking them, but about creating an environment where they feel comfortable enough to reveal the truth, even if it’s not what they initially intended to say.
Food for Thought
So, what’s the takeaway? While burying the lede is generally a no-no in legal settings, there might be situations where strategically revealing information can be advantageous. It all comes down to understanding the witness, building rapport, and crafting a compelling narrative. Next time I’m preparing for a deposition, I’ll be thinking about Michelangelo and Van der Weyden, and how they masterfully controlled the flow of information to create a powerful emotional impact.
