The deposition was not going particularly well, not for me and certainly not for them. We had reached a stalemate and the minutes were ticking by without any actual progress. The questioning had gone off track and yet the attorney who had called me there was doing nothing to stop it. I sat there willing him to object as my temper flared. Luckily, the pent up energy was finding ways out other than my words and their intonation. I was not even cognizant of my toes curling and uncurling inside my black leather pumps. Even if I had been aware of it, I probably would not have stopped. Technically it was fidgeting but barely. Besides no one else in the crowded conference room could have noticed.

The same question reworded for what must have been the twentieth time was asked yet again. I waited for my client to jump (well, with his physique perhaps not “jump” but rise quickly at least) to his feet saying “Asked and answered!” or even better “He’s badgering the witness!” but he seemed to be asleep. I was being forced to repeat my answer. I had remained consistent; my answer was not going to change then or ever and I was growing annoyed at this overly anxious attorney’s attempts to trip me up. In the pause after the question and before I answered, I recrossed my ankles and at that moment my toe fidgeting caught up with me. I felt the back of my right pump slip down and the heel hit the carpet with a soft thud. While I make it a point never to dangle or dip while testifying, I did not think this was a big deal until I saw the eyes of my interrogator dart to my feet and remain there for just a beat too long to merely be innocent distraction. I also took an extra moment and let the heel rest on the carpet; the cooler air felt very good. It was this caress of fresh air that brought to the forefront of my mind that my feet were stifling hot. Leaving the pump dangling from my toes I uncrossed my ankles and slipped the pump back on. I repeated my answer. I had his full attention now.

A few questions later, I slid forward to the edge of my seat and in the same smooth motion pressed my toes flat to the floor and slid my feet back under the chair, stretching my arches and this time letting both of my heels slip out. He watched this movement too. The air felt wonderful on my left foot as well. My next trick was one I did not recall trying before. I could not possibly take my shoes all the way off or even slip my feet completely out for a moment; but I wanted to let my toes breath a bit. I slid further back into my chair and slid my feet forward so that they were once again in front of me. I slipped my heel back out of my right pump, but this time I pointed my toes and slid them to about half way back still inside the shoe, and pressing with my toes against the slightly padded area where my arch usually rests I rotated my ankle around a few times. I then slowly slid my toes back down in the shoe and repeated the process with my left foot. He seemed a little flustered and botched the wording of the next question. I was getting to him, and the questioning ended shortly thereafter. .