Bell Nunnally Partner Brent A. Turman and Associate Tylynn R. Payne co-authored the Dallas Bar Association (DBA) Headnotes article “Strategies for Handling Difficult Witness Personalities.”
Turman and Payne open the article by noting, “Witnesses come with a range of personalities—each type requires a tailored strategy. Knowing how to identify a witness’s tendencies early on can help you make the best use of your time and set your client up for success.”
They go on to detail four distinct personalities seen in witnesses:
The Know-It All – Generally, expert witnesses or C-Level executives might fall into this category. This witness projects confidence, often portraying themself as the smartest person in the room. To depose this witness effectively, preparation is essential.
The “Confused” Deponent – This witness feigns confusion to avoid giving direct answers. Whether their confusion is real or feigned, your role is to eliminate ambiguity. To do so, ask foundational questions they cannot credibly misunderstand—questions they must agree with or risk appearing evasive.
The Overly Helpful Witness – The “helper” witness just wants to be liked. They fill silences and elaborate beyond what is asked, often volunteering information that wasn’t requested. This type of witness can be a goldmine—if handled correctly
The Witness Who “Can’t Remember” – Depositions tend to induce a medical phenomenon: selective amnesia. Especially when the stakes are high—the less the witness “recalls,” the less they must commit to. Many witnesses think, “I don’t recall” is a get-out-of-jail-free card.
For each type of witness, Turman and Payne offer suggestions on how to manage personalities and conduct effective depositions. They close the article by writing, “Every witness has a personality. Your job is to quickly recognize it and adjust your tactics accordingly. There is no one-size-fits-all approach. The know-it-all demands precision. The confused needs structure. The helper fills the silence. Mastering these personalities can turn even the most frustrating deposition into a strategic asset at trial.”
To read the full article, please click here (page 10).