1. Q UINCY COLLEGE Paralegal Studies Program Paralegal Studies Program Interviewing & Investigation Motivation in Legal Interviews

2. Theories of Motivation

3. All motivation is based on the fulfillment of needs. All motivation is based on the fulfillment of needs. Two major theories of motivation: Two major theories of motivation: Maslow’s Hierarchy of Needs Maslow’s Hierarchy of Needs Cycle of Deficit Needs Cycle of Deficit Needs

4.  Abraham Maslow (1908- 1970)  Member of the Chicago School of psychologists and sociologists  Published theory of human motivation in 1943  Known as a humanistic psychologist  Abraham Maslow (1908- 1970)  Member of the Chicago School of psychologists and sociologists  Published theory of human motivation in 1943  Known as a humanistic psychologist Maslow’s Hierarchy of Needs

5. In studying human behavior, Maslow recognized that some needs take precedence over others – he took this idea and created what is known as the “Hierarchy of Needs”. In studying human behavior, Maslow recognized that some needs take precedence over others – he took this idea and created what is known as the “Hierarchy of Needs”. To feel the higher needs, the lower ones must first be satisfied. To feel the higher needs, the lower ones must first be satisfied.

6. Physiological Needs - also known as biological needs. Consists of needs for oxygen, food, water, warmth, activity, rest, sex, avoidance of pain, etc. Physiological Needs - also known as biological needs. Consists of needs for oxygen, food, water, warmth, activity, rest, sex, avoidance of pain, etc. Physiological are the strongest needs. Physiological are the strongest needs.

7. Safety Needs - security and protection from physical and emotional harm. Safety Needs - security and protection from physical and emotional harm. Adults have little awareness for safety needs except in times of emergency. Adults have little awareness for safety needs except in times of emergency.

8. Belongingness & Love needs - people seek to overcome feelings of loneliness and alienation. Belongingness & Love needs - people seek to overcome feelings of loneliness and alienation. Involves giving and receiving love, affection, and a sense of belonging. Involves giving and receiving love, affection, and a sense of belonging.

9. Needs for esteem - involves both self-esteem and esteem a person gets from others. Needs for esteem - involves both self-esteem and esteem a person gets from others. Humans need self-respect and respect of others. Humans need self-respect and respect of others. When these needs are satisfied, person feels self-confident and valuable. When these needs are satisfied, person feels self-confident and valuable. When not met people feel inferior, weak, helpless, and worthless. When not met people feel inferior, weak, helpless, and worthless.

10. Needs to Achieve Self-Actualization (two levels): Needs to Achieve Self-Actualization (two levels): Cognitive - to know, to understand, to explore. Cognitive - to know, to understand, to explore. Aesthetic - to find symmetry, order, beauty, and meaning. Aesthetic - to find symmetry, order, beauty, and meaning.

11. Self-Actualization characteristics: Self-Actualization characteristics: Problem focused. Problem focused. Incorporate an ongoing freshness of appreciation of life. Incorporate an ongoing freshness of appreciation of life. Concerned about personal growth. Concerned about personal growth. Ability to have peak experiences. Ability to have peak experiences.

12. Transcendence – to help others find self- fulfillment and realize their potential. Transcendence – to help others find self- fulfillment and realize their potential.

13. Maslow recognized that not all personality types followed this hierarchy. Maslow recognized that not all personality types followed this hierarchy. Suggested that flow through the hierarchy can occur at any level at any time and many times simultaneously. Suggested that flow through the hierarchy can occur at any level at any time and many times simultaneously.

14. Cycle of Deficit Motives Deficit needs occur when one is deprived of a previously fulfilled need. Deficit needs occur when one is deprived of a previously fulfilled need. Deprivation leads to drive to satisfy need and achieve homeostasis (balance). Deprivation leads to drive to satisfy need and achieve homeostasis (balance). Deficit needs must be satisfied before one can move up through hierarchy. Deficit needs must be satisfied before one can move up through hierarchy. Drive State Satisfy Drive In Balance Until.. Deprivation

15. Being Motives Once Deficit needs are fulfilled, Being Needs emerge. Once Deficit needs are fulfilled, Being Needs emerge. Growth motivation. Growth motivation. Not governed by homeostasis. Not governed by homeostasis. Become stronger as one fulfills them. Become stronger as one fulfills them. Individuals strive to achieve all that they can. Individuals strive to achieve all that they can.

16. Motivation in Legal Interviews Motivation in Legal Interviews

17. Motivation in Legal Interviews Underlying motivation is the need to communicate, with purpose of having Attorney provide a solution to a problem, Underlying motivation is the need to communicate, with purpose of having Attorney provide a solution to a problem, BUT... Full participation may be contrary to certain Client needs. Full participation may be contrary to certain Client needs.

18. Motivation in Legal Interviews Most Attorneys and Paralegals are not trained in psychology, but need to develop some level of expertise in recognizing and dealing with the psychological factors that block motivation for full participation in interviews. Most Attorneys and Paralegals are not trained in psychology, but need to develop some level of expertise in recognizing and dealing with the psychological factors that block motivation for full participation in interviews.

19. Psychological Factors in Legal Interviews There are two groups of psychological factors that influence Client participation in interviews: There are two groups of psychological factors that influence Client participation in interviews: 1. Interfering or inhibiting factors 2. Positive or facilitating factors

20. Psychological Inhibitors A. Ego Threat – information represents a threat to the Client’s self-esteem Feelings can range from mild embarrassment to strong guilt or shame based on possibility of negative evaluation of past or anticipated conduct. Feelings can range from mild embarrassment to strong guilt or shame based on possibility of negative evaluation of past or anticipated conduct. Sometimes based on fear of disclosure to third parties, rather than to the interviewer (i.e., trust issue). Sometimes based on fear of disclosure to third parties, rather than to the interviewer (i.e., trust issue).

21. Psychological Inhibitors B. Case Threat – information will be harmful to the Client’s case Based on fear that interviewer will lose confidence in the Client or case, or that facts may ultimately be disclosed (e.g., prior bad acts, fraud, perjury, etc.). Based on fear that interviewer will lose confidence in the Client or case, or that facts may ultimately be disclosed (e.g., prior bad acts, fraud, perjury, etc.). Can be present in both Clients and Witnesses. Can be present in both Clients and Witnesses.

22. Psychological Inhibitors C. Role Expectations – the Client’s expectations of “client behavior” v. “interviewer behavior” Some see the interviewer as an authority figure who leads the discussion and who knows what subjects need to be explored – if a subject is not addressed by the interviewer, it is not important. Some see the interviewer as an authority figure who leads the discussion and who knows what subjects need to be explored – if a subject is not addressed by the interviewer, it is not important. Others see the interviewer as a listener only. Others see the interviewer as a listener only.

23. Psychological Inhibitors D. Etiquette Barrier – the information may be appropriate to be shared with peers, but inappropriate to be shared with others The Client may consider the information to be shocking, embarrassing or discomforting to the interviewer (e.g., “taboos”). The Client may consider the information to be shocking, embarrassing or discomforting to the interviewer (e.g., “taboos”).

24. Psychological Inhibitors E. Trauma – the information evokes unpleasant feelings Examples: Fear, anger, humiliation, sadness, etc. Examples: Fear, anger, humiliation, sadness, etc. Most people avoid thinking and talking about unpleasant past events because they don’t want to re-experience them. Most people avoid thinking and talking about unpleasant past events because they don’t want to re-experience them.

25. Psychological Inhibitors F. Perceived Irrelevancy The Client perceives that there is nothing to be gained or accomplished by providing the information. The Client perceives that there is nothing to be gained or accomplished by providing the information.

26. Psychological Inhibitors G. Greater Need – the Client’s primary need is secondary to the interviewer The Client and interviewer are “not on the same page”. The Client and interviewer are “not on the same page”. The Client cannot focus on the interviewer’s topic. The Client cannot focus on the interviewer’s topic. Full and accurate information is not provided. Full and accurate information is not provided.

27. Psychological Facilitators A. Empathetic Understanding – non- judgmental understanding with empathetic responses Three Ingredients – listen, understand, and not judge. Three Ingredients – listen, understand, and not judge. Feelings play an important role in how people interpret and relate facts. Feelings play an important role in how people interpret and relate facts. Interviewers must understand (and demonstrate that they understand) both facts and feelings. Interviewers must understand (and demonstrate that they understand) both facts and feelings.

28. Psychological Facilitators B. Fulfilling Expectations – needs being met by the Client’s non-responsiveness are overcome by the need to conform to the interviewer’s expectations Can also be used to overcome memory difficulties. Can also be used to overcome memory difficulties. The interviewer’s expectations must be clear to the Client. The interviewer’s expectations must be clear to the Client.

29. Psychological Facilitators C.Recognition – providing the client with direct, sincere praise for his/her cooperation. Stroking or reinforcement. Stroking or reinforcement. Based on need for the attention and esteem of others. Based on need for the attention and esteem of others.

30. Psychological Facilitators D. Altruistic Appeals – identification with the objectives of some larger group Can be real or imaginary, contemporary or not. Can be real or imaginary, contemporary or not. Usually increases self-esteem even if not public. Usually increases self-esteem even if not public. Differs from recognition (appeals to a higher- level need). Differs from recognition (appeals to a higher- level need).

31. Psychological Facilitators E. Extrinsic Rewards – the interviewer shows that providing information is in the Client’s best interests “Extrinsic” because it goes beyond the interview itself – e.g., favorable case resolution. “Extrinsic” because it goes beyond the interview itself – e.g., favorable case resolution. Differs from other facilitators (the others deal only with the risks and rewards present in the interview process itself). Differs from other facilitators (the others deal only with the risks and rewards present in the interview process itself). Usually only relevant to Clients, not Witnesses. Usually only relevant to Clients, not Witnesses.

32. Psychological Factors InhibitorsFacilitators A. Ego Threat B. Case Threat C. Role Expectations D. Etiquette Barrier E. Trauma F. Perceived Irrelevancy G. Greater Need A. Empathetic Understanding B. Fulfilling Expectations C. Recognition D. Altruistic Appeals E. Extrinsic Reward

33. Psychological Factors Motivation Exercise

34. End of Motivation in Legal Interviews End of Motivation in Legal Interviews