The Deposition - A Working Class Hero

The Deposition

February 2021 

            He was afraid. This man, who had been born in Antioch in the 1940s, graduated from Antioch High School and spent his working life as a maintenance mechanic at the Fibreboard Paper Mills – there were two of them - in Antioch, was afraid. A man typical to his time, he rarely spoke of his emotions, yet as we sat together moments before his deposition started, he confessed his fear to me. He had been diagnosed with mesothelioma. As a life-long blue-collar worker, he held fast to the notion that it was his duty to protect and provide for his family. His illness, in his view, had made him a burden.  He firmly believed that the lawsuit we had filed against the manufacturers and suppliers of asbestos products would be his last opportunity to provide some measure of financial security for his wife. His fear, which I could hear in his voice and see in his face, was that he might give a wrong answer at his deposition and thereby ruin his case.

            Be not afraid, I told him. Just tell the truth. It does not matter what you say, so long as it is the truth. As your lawyers, we can work with the truth. Our job is to be creative with the facts you give us, whatever those facts might be; it is never our job to create the facts. Again, tell the truth and do not worry.

            She was afraid. This woman, who had married this man decades earlier and shared her entire adult life with him, was afraid, but her fear was different from his. She did not care about the case, nor did she care about the money. On that day, just before his deposition started, she was afraid of the defense attorneys. They were so young and handsome and beautiful and dressed so well in their suits and ties and stylish outfits. They had all gone to college and law school, and they worked for major law firms in San Francisco and Oakland, and elsewhere. She knew that her husband would be the oldest and most ill person in the room. She knew that he would be the least educated person and least sophisticated person in the room. And now, after battling mesothelioma, undergoing surgery, radiation, and chemotherapy, her husband’s cognitive abilities were slipping away. She was afraid that the defense attorneys would disrespect her husband. She feared they would try to trick or confuse him, or worst of all, embarrass him.

            Be not afraid, I told her. I have been doing this work for thirty years, and I know every attorney in the room. They have a job to do, and they will do it well. Based on my decades of working with them, I know these lawyers will treat your husband with compassion, kindness, and respect.  

            Be not afraid, I told myself. You know your job and you do it well. Pour yourself out for this man and this woman as you would for your own family. Bring your best and everything will be okay.  

            I did my job, and I was so proud to work for this Working Class Hero.

-Ron Shingler