1. Chapter 9 Interviewing  Be prepared  Know your witness

2. §9.1 General Considerations Interviewing Styles Interviewing Styles Develop your own style Develop your own style Learn from your experiences Learn from your experiences Attitude of the Interviewer Attitude of the Interviewer Understand the image you are presenting Understand the image you are presenting Not all interviews are formal Not all interviews are formal Always be professional Always be professional Dress Appropriately Dress Appropriately Sometimes pressure works, sometimes it doesn’t Sometimes pressure works, sometimes it doesn’t Interviewing vs. interrogation Interviewing vs. interrogation Interviewing = cooperative questioning Interviewing = cooperative questioning Interrogation = questioning uncooperative interviewee Interrogation = questioning uncooperative interviewee

3. The Need for Privacy The Need for Privacy Be aware of surroundings to maintain confidentiality Be aware of surroundings to maintain confidentiality Avoid safety and isolation issues Avoid safety and isolation issues Suitable Setting for Interview Suitable Setting for Interview Office interviews (one-on-one) Office interviews (one-on-one) Conference room (multiple interviewees and/or documents) Conference room (multiple interviewees and/or documents) Advance Preparation for Interview Advance Preparation for Interview Prepare questions in advance Prepare questions in advance Prepare the room Prepare the room

4. Detecting Deception Detecting Deception Red flags: eye movement and body language Red flags: eye movement and body language Psychological Factors of Interviewing Psychological Factors of Interviewing Nervousness does not always indicate deception Nervousness does not always indicate deception Rely on your own impressions Rely on your own impressions Legal Considerations Legal Considerations Identify yourself as a paralegal Identify yourself as a paralegal Admissibility Admissibility Not in issue during investigation stage Not in issue during investigation stage Attorney Work Product Attorney Work Product = MATERIAL PRODUCED IN ANTICIPATION OF LITIGATION = MATERIAL PRODUCED IN ANTICIPATION OF LITIGATION

5. Audio and Video Recording Audio and Video Recording Disclose recording Disclose recording Confirm witness permission on tape: Confirm witness permission on tape: Who you are Who you are Date, time, place Date, time, place Who is being interviewed Who is being interviewed State “You are aware this interview is being tape recorded, aren’t you?” State “You are aware this interview is being tape recorded, aren’t you?” Elicit oral response Elicit oral response Restate above when tape stopped Restate above when tape stopped Double recording = backup for witness Double recording = backup for witness

6. § 9.2 The 3-Stage Interview Process Basic Interviewing Basic Interviewing Break the ice Break the ice Don’t be repetitive Don’t be repetitive Don’t re-ask a question answered Don’t re-ask a question answered Don’t cut off your witness Don’t cut off your witness Keep the witness “on-topic” Keep the witness “on-topic” Don’t give legal advice Don’t give legal advice

7.  Intake (Background) Contact information Address, work, phone 1. Pre-Event 1. Pre-Event 2. Event 2. Event Always include: “Tell me about what happened” Always include: “Tell me about what happened” 3. Post-Event 3. Post-Event Event Post- Event Pre- Event Stage