By Bonnie Ruffin, NCCP, CSR, CR
BEYOND THE QUESTIONS: THE ART OF EARNING WITNESS TRUST
One of the biggest challenges I’ve observed during depositions over the years is an attorney getting a witness comfortable enough to speak openly and honestly. Some attorneys are much better at this than others. The ones who come across as genuine, like regular people you'd actually find on a jury, tend to be the most effective.
When a witness feels at ease and genuinely likes the attorney, they’re often more transparent, even when the truth may hurt their case. I’ve seen witnesses willingly disclose damaging details simply because they felt safe enough to be honest.
Attorneys who are most successful at discovering undisclosed information often share a few key traits:
- They’re approachable and kind.
- They show genuine interest in the witness.
- They come across as relatable, just an ordinary person like the witness.
- They make an effort to find common ground.
Attorneys who have learned how to connect with witnesses are often able to make them feel at ease, so much so that they may start divulging more information than expected. In contrast, attorneys who come across as stern, rushed, unfriendly, or poor communicators tend to get the least out of a witness. Responses like “not that I recall” become the norm, and meaningful details are rarely shared. Additionally, oftentimes it is obvious if a witness has been prepped for the deposition.
BEYOND WORDS: THE UNSPOKEN KEYS TO WITNESS COOPERATION
Did you know that our verbal communication only makes up a small part of how we communicate? In depositions, communication goes far beyond just the words being spoken. Voice, tone, and body language all play a critical role, and when they don’t align, it’s noticeable. In fact, research shows that verbal communication accounts for only a small portion of what we actually convey. Sometimes, what a person says is completely contradicted by how they say it or how they physically respond.
Like when striving to connect with a jury panel, attorneys often take a similar approach when deposing lay witnesses or interviewees. Building rapport can start with simple, intentional behaviors, such as:
- Showing your hands
- Use a friendly, calm voice
- Relaxing your posture
- Maintaining warm, consistent eye contact
- Smiling
These subtle, human cues can be the difference between a witness who shuts down and one who opens up. Working with each witness is an important piece to every case, and how you connect with them can shape what you learn.
BEYOND THE SCRIPT: FOCUSED LISTENING THAT DRIVES DISCOVERY
Attorneys who listen closely and with intention often veer from their prepared list of questions, not because they’re unfocused, but because they’re tuned in. They pick up on subtle clues, body language, or passing remarks and use them to dig deeper. It’s truly an art form. Watching a skilled attorney pivot seamlessly to explore a topic that was only lightly touched on by the witness is impressive. Often, it’s the unplanned questions, the ones sparked in the moment, that lead to the discovery of the most valuable insights. Once they have exhausted that unexpected line of questioning, they return to their outline and continue the examination with even more context.
In contrast, attorneys who rigidly stick to their list of questions might miss critical opportunities. A witness may offer more than what was asked, dropping subtle hints or revealing unexpected details, but if the attorney isn’t actively listening, those clues are lost. Additionally, the witness’s body language can be a powerful indicator that they have more information on a subject. Tone, facial expressions, and body language can all reveal when a subject has struck a nerve or triggered an emotional response. Ignoring these signs means missing out on the deeper truth that could significantly impact the case.
BRINGING IT ALL TOGETHER
The most effective attorneys understand that successful depositions are not just about asking the right questions, they’re about earning the witness’s trust, reading between the lines, and staying fully present. The attorneys who get to the truth know how to make a witness feel seen and heard. They build rapport through warmth and relatability, they watch closely for tone and body language that may reveal more than words, and they listen with intention, ready to pivot when something important surfaces. In high-stakes cases, having a second set of eyes and ears, such as a paralegal or co-counsel, can help capture those fleeting, valuable moments that might otherwise be missed. When attorneys approach depositions with curiosity, compassion, and attention to detail, they create space for the truth to emerge, and that can make all the difference in a case.
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About The Author: Bonnie Ruffin, NCCP, CVR, CSR
Bonnie brings a wealth of firsthand experience to the legal field, backed by her credentials as a North Carolina Certified Paralegal and Certified Verbatim Reporter, along with a Bachelor’s degree in Criminal Justice. She spent years as a trial paralegal managing complex, high-stakes caseloads before transitioning into litigation support, where she continued to work closely with attorneys and legal teams across a wide range of practice areas. With deep insight into case management, courtroom procedures, and the realities of fast-paced legal work, Bonnie is a trusted resource known for delivering practical, experience-driven guidance. She now serves as a partner at DepoScripts, a North Carolina-based litigation support company committed to providing reliable, client-focused solutions nationwide.
