Chapter 9Chapter 9

InterviewingInterviewing

Be preparedBe preparedKnow your witness Know your witness

§9.1§9.1 General Considerations General Considerations Interviewing StylesInterviewing Styles

Develop your own styleDevelop your own style Learn from your experiencesLearn from your experiences

Attitude of the InterviewerAttitude of the Interviewer Understand the image you are presentingUnderstand the image you are presenting

Not all interviews are formalNot all interviews are formal Always be professionalAlways be professional

Dress AppropriatelyDress Appropriately Sometimes pressure works, sometimes it doesn’tSometimes pressure works, sometimes it doesn’t Interviewing vs. interrogationInterviewing vs. interrogation

InterviewingInterviewing = cooperative questioning = cooperative questioning InterrogationInterrogation = questioning uncooperative interviewee = questioning uncooperative interviewee

The Need for PrivacyThe Need for Privacy Be aware of surroundings to Be aware of surroundings to

maintain confidentialitymaintain confidentiality Avoid safety and isolation issuesAvoid safety and isolation issues

Suitable Setting for InterviewSuitable Setting for Interview Office interviews (one-on-one)Office interviews (one-on-one) Conference room (multiple Conference room (multiple

interviewees and/or documents)interviewees and/or documents)

Advance Preparation for Advance Preparation for InterviewInterview Prepare questions in advancePrepare questions in advance Prepare the roomPrepare the room

Detecting DeceptionDetecting Deception Red flags: eye movement and body Red flags: eye movement and body

languagelanguage

Psychological Factors of Psychological Factors of InterviewingInterviewing Nervousness does not always indicate Nervousness does not always indicate

deceptiondeception Rely on your own impressionsRely on your own impressions

Legal ConsiderationsLegal Considerations Identify yourself as a paralegalIdentify yourself as a paralegal AdmissibilityAdmissibility

Not in issue during investigation stageNot in issue during investigation stage Attorney Work ProductAttorney Work Product

= = MATERIAL PRODUCED IN ANTICIPATION MATERIAL PRODUCED IN ANTICIPATION OF LITIGATIONOF LITIGATION

Audio and Video RecordingAudio and Video Recording Disclose recordingDisclose recording Confirm witness permission on Confirm witness permission on

tape:tape: Who you areWho you are Date, time, placeDate, time, place Who is being interviewedWho is being interviewed State “You are aware this interview State “You are aware this interview

is being tape recorded, aren’t is being tape recorded, aren’t you?”you?”

Elicit oral responseElicit oral response Restate above when tape stoppedRestate above when tape stopped Double recording = backup for Double recording = backup for

witnesswitness

§ 9.2 § 9.2

The 3-Stage Interview ProcessThe 3-Stage Interview Process Basic Interviewing Basic Interviewing

Break the iceBreak the ice Don’t be repetitiveDon’t be repetitive Don’t re-ask a question answeredDon’t re-ask a question answered Don’t cut off your witnessDon’t cut off your witness Keep the witness “on-topic”Keep the witness “on-topic” Don’t give legal adviceDon’t give legal advice

IntakeIntake (Background) (Background)Contact informationContact information

Address, work, phoneAddress, work, phone

1. Pre-Event1. Pre-Event

2. Event 2. Event

Always include: Always include: “Tell “Tell me about what happened”me about what happened”

3. Post-Event 3. Post-Event

Event

Post-Event

Pre-EventStage