ExposureBlog

Suppose you’re a plaintiff lawyer with an injured client.  You suspect the defendant, a large construction company, has some very bad work practices that put employees of subcontractors at risk.  You only have so much time and funds available.  After the eyewitnesses—and of course, the safety guy—who should you depose? 

Some of of my clients on the Plaintiff’s side like to go top down–deposing the CEO or the President of the company first, then work their way down to the managers.  Others prefer to work their way up–foreman to supervisory personnel.

At some point–usually with the mid-level managers they will encounter something like dense fog obscuring all further discovery: the malady known as CCA: Command Chain Amnesia.

While you or I might remember inconsequential meetings with people that took place years ago—and may even remember what was said, there are highly-paid people working as managers who won’t remember talking with anyone.  They will be unable to recall meetings, conferences and even what they took in college.  One president for a VERY large Texas construction company claimed on the record that he didn’t really know anything about electricity (the case involved an electrocution.)  When it was pointed out that he also had an engineering degree, he said he couldn’t recall taking any courses that had to do with “electricity.” 

Amnesia isn’t limited to the corporate world.  A CIA analyst by the name of Tyler Drumheller is writing a book that will no doubt shine a bright light on command chain amnesia in the run-up to the Iraq conflict.  It seems he told both his boss, a man named John E. McLaughlin as well as the Director of the CIA himself that the intelligence regarding weapons of mass destruction was seriously flawed–well before the information was used in speeches by both the President and by the Secretary of State.  When asked to comment, neither McLaughlin nor Tenet could remember ever talking with Drumheller. 

So, I suppose it’s a waste of time to be angry with the mid-level managers when they fail to remember important details.  It seems to affect the big guys as well.  There are, of course, few things that can be done to make someone remember something, especially when doing so makes them look foolish. For the person asking the questions, this can pose a real problem.

I did hear once about a case in which a feisty trial lawyer (is there any other kind?)–after hearing a deponent repeat “I don’t remember” for about four hours—finally demanded to see the man’s medical and personnel records.  Seems he wanted to find out if they guy was taking drugs that would cause amnesia—or in the alternative, why a company would even hire someone who couldn’t remember anything. 

Thankfully, command chain amnesia doesn’t usually cause problems for the those who have it.  Some, like George Tenet,  go on to win the Presidential Medal of Freedom.