Sotomayor Lessons — Tip of the Week

I will have more to say about the Sotomayor confirmation hearings and what we learned about her views on labor and employment law. There are also other lessons worth thinking about as a result of her testimony last week.

First, there are lessons regarding a job interview. From an applicant’s perspective, Sotomayor provides one tip after another about how to be impressive without saying anything. I don’t mean to be entirely negative here. She was extremely prepared. She had done her homework. She knew about every case she was asked about. She demonstrated how much she knew by reciting facts from the case, by adding information about the case, and by referring to other cases relevant to the case at hand.

If you’re doing the interviewing, her testimony is a reminder that you should listen for an answer to your question in addition to listening for how smart, knowledgeable and experienced the candidate is. The point is that both the candidate and the employer representative should prepare for the interview.

Second, Sotomayor’s testimony provides tips to lawyers and witnesses about testimony given in connection with a case, perhaps more so in the case of depostion testimony than trial testimony, and preparation for that testimony. A witness will sometimes have to answer questions about a statement she wishes she hadn’t made, or a lawyer will want the witness to be guarded in the testimony she gives. Sotomayor isn’t perfect when it comes to either of these situations, but she’s pretty darn good. Watching the Sotomayor testimony can be helpful to lawyer and witness in this regard.

Finally, Sotomayor provides great tips on demeanor whie testifying. She was calm, confident and deferential.