Why Smart Witnesses Fail in Depositions and How to Fix It

Depositions often go off track not because a witness forgets the facts but because they unconsciously rely on automatic social behaviors. These default responses—such as being overly helpful, speaking too quickly, or agreeing reflexively—are hardwired into the brain through years of social reinforcement. In a deposition setting, however, those behaviors become liabilities.

For insurance claims adjusters working with defense counsel or managing litigation-related claims, this has direct implications. Missteps in testimony can escalate claim exposure, damage credibility, or introduce new liability concerns. The article introduces "cognitive autopilot," a phenomenon from behavioral psychology, and explains how standard witness preparation fails to address the problem.

Instead of focusing only on content, the article outlines a neurocognitive remapping approach that retrains witnesses to adopt new, deposition-appropriate behaviors. This includes strategies to slow down cognitive momentum, avoid overdisclosure, resist fatigue-induced agreement, and withstand aggressive questioning. The piece stresses that transformation requires structured, repetitive, and pressure-tested practice—not just advice or legal instruction.

For claims professionals supporting high-stakes litigation, understanding these techniques can help in assessing witness risk, setting litigation strategy, and selecting appropriate expert training protocols.