Introduction
Legal interviewing, covered in this chapter, is an important skill to develop. Don't take it lightly. You are not just reading this chapter to pass a test, but to develop career-long skills.
General Considerations for Legal Interviews
A few comments about the points addressed on these pages of the Essential Skills Manual.
Interviewing Styles
When you begin your paralegal career, try to conduct a brief self-analysis of each interview following the meeting. Make note of your weak points and try to correct them, also study the strong aspects of your technique.
Attitude of the Interviewer
Be confident, but not arrogant. Whether you are interviewing a witness or client, you are trying to uncover facts. The more pleasant and professional you are, the more likely it is that you will be able to attain the desired facts.
The Need for Privacy
One additional thought here: Don't let the need for privacy supercede your need for safety. If you do not feel comfortable being in a room alone with the interviewee, leave the door open. Do not meet in the office when no one else is around. Also, for the male paralegals, be careful not to meet privately with female clients when doing so could lead to false accusations. Just to be safe, leave the door slightly open (the width of two fingers) so that you are never truly in private. The reason for this caution is that it is very difficult to defend yourself against an accusation of harassment if you and the interviewee are the only people present.
A Suitable Setting for the Interview
Consider the kind of interview taking place. Is it a totally business related representation? Is it more personal, such as a divorce or assault matter? The kind of interview may affect the setting for the interview.
Advance Preparation for the Interview
First and foremost, try to develop at least a general line of questioning prior to the interview. Don't go in "cold."
Detecting Deception
Of the points addressed in the outline, unusual pausing and inconsistencies are the most reliable in detecting deception on behalf of a witness. Do not rush to judgment. You can make your impressions known to your attorney, but impressions are not proof of deception. And if you are wrong, your stock will go down.
Psychological Factors of Interrogation
Be understanding of the witness's situation. They probably don't want to be there. In fact, if a witness seems too anxious to be involved, that may be an indicator, or at least a red flag, that the witness may be coloring the information. Ask yourself, "Why does this person want to be involved so badly?"
The Art of Statement Taking
Informal statements are usually created "on the fly" after the interview is over. They are usually taken when the interviewer is surprised by some important information, and wants to get some kind of record. A formal statement is most likely one that is prepared prior to the interview, and is often attested to in the presence of a notary.
Legal Considerations and Evidentiary Issues
Many points of discussion are addressed at this point in the manual, including privileges, admissibility, hearsay, and so forth. The point should not be lost, however, that questions regarding admissibility are for later consideration. Do not ignore a line of interviewing or investigation simply because you have doubts about its admissibility. The facts you uncover, even if inadmissible, may lead to important, and admissible, additional evidence.
Audio Recording the Interview
Audio recording is very common, but be sure to conduct recording in an ethical fashion. Never record without the knowledge and consent of the person being recorded. It is not only unethical, but in most states illegal.
Video Taping an Interview
While secretly video taping an interview may not be illegal, it is definitely unethical.
Paralegal Perspectives . . .
INTERVIEWING
Paralegals interview clients. They also interview witnesses. When interviewing a client, you must be careful not to become too 'chummy' with your client. Even a little innocent flirting or banter can hinder the manner in which you are viewed by your client. Once that kind of 'connection' has been made, a client will only want to tell you information that puts him or her in the best light. The problem is that your job is to gather ALL relevant information, positive and negative. You are doing your client, or your attorney, a disservice by allowing such a 'relationship' to bud, even if it seems totally innocent. So remember: When interviewing the client, remain neutral. When interviewing a witness, act in your client's best interests.
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