1. Q UINCY COLLEGE Paralegal Studies Program Paralegal Studies Program Interviewing & Investigation Witness Interviewing

2. KPIs: KPIs: The goals of the witness interview The goals of the witness interview The different kinds of witnesses the paralegal is called upon to interview The different kinds of witnesses the paralegal is called upon to interview Communicating with the witness to schedule an interview Communicating with the witness to schedule an interview Steps to prepare an effective witness interview Steps to prepare an effective witness interview Preparing for a field interview Preparing for a field interview The importance of using active listening skills and observing the witness’s environment The importance of using active listening skills and observing the witness’s environment

3. Goals of a Fact Witness Interview Find out in detail everything the witness knows about the subject Find out in detail everything the witness knows about the subject Discover all documents and things the witness may have access to Discover all documents and things the witness may have access to Discover leads to other witnesses or other documents and things Discover leads to other witnesses or other documents and things Observe the witness for the purpose of evaluating his strengths and weaknesses, credibility, effectiveness as a witness, cooperativeness, etc. Observe the witness for the purpose of evaluating his strengths and weaknesses, credibility, effectiveness as a witness, cooperativeness, etc.

4. Goals of a Fact Witness Interview Get the witness committed to a particular version or recollection of the incident Get the witness committed to a particular version or recollection of the incident If the witness can damage the Client’s position, look for information the supervising attorney may use to discredit or impeach that witness. Search for: If the witness can damage the Client’s position, look for information the supervising attorney may use to discredit or impeach that witness. Search for: inconsistencies inconsistencies bias bias interest interest unreliability unreliability

5. Kinds of Witnesses The friendly witness The friendly witness The hostile witness The hostile witness The neutral/ disinterested witness The neutral/ disinterested witness The skeptical witness The skeptical witness The nosey witness The nosey witness The busy witness The busy witness The too-helpful witness The too-helpful witness The show-off witness The show-off witness The big-ego witness The big-ego witness The condescending witness The condescending witness Special problem witnesses Special problem witnesses

6. Preparing for the Witness Interview Prepare needed authorization Prepare needed authorization Prepare questions Prepare questions Have supervising attorney review all questions and forms Have supervising attorney review all questions and forms Prepare the interview room Prepare the interview room Consider special needs of the witness Consider special needs of the witness Plan the seating arrangement Plan the seating arrangement Make arrangements to avoid interruptions Make arrangements to avoid interruptions Prepare yourself physically and mentally Prepare yourself physically and mentally

7. Conducting a Witness Interview KPIs: KPIs: The important things to keep in mind throughout the interview The important things to keep in mind throughout the interview How to begin a witness interview, move to the substantive areas, and conclude the interview How to begin a witness interview, move to the substantive areas, and conclude the interview How to use active listening and observation skills How to use active listening and observation skills How to evaluate, test, and seek verification of information obtained in the witness interview How to evaluate, test, and seek verification of information obtained in the witness interview

8. Conducting a Witness Interview KPIs: KPIs: How to seek information to impeach the credibility of an unhelpful witness How to seek information to impeach the credibility of an unhelpful witness How to prepare a witness interview summary for the supervising attorney How to prepare a witness interview summary for the supervising attorney How to properly record or video tape an interview How to properly record or video tape an interview How to prepare for and conduct a telephone interview How to prepare for and conduct a telephone interview How to prepare a written witness statement How to prepare a written witness statement

9. Techniques for a More Effective Witness Interview Be friendly but professional Be friendly but professional Be cognizant of the dangers of the Unauthorized Practice of Law Be cognizant of the dangers of the Unauthorized Practice of Law Avoid using legal or technical jargon except when necessary Avoid using legal or technical jargon except when necessary Take good notes Take good notes Engage in active listening Engage in active listening Evaluate the demeanor and behavior of the witness Evaluate the demeanor and behavior of the witness Remember the witness does not know what you want or need to know Remember the witness does not know what you want or need to know Overcome internal obstacles to effective listening and observing Overcome internal obstacles to effective listening and observing

10. Evaluating the Witness’s Environment Observe the witness’s space carefully Observe the witness’s space carefully Evaluate what you see Evaluate what you see Make note of it Make note of it Make use of it in the interview Make use of it in the interview

11. Impeaching a Witness Inconsistencies or contradictions in the statement Inconsistencies or contradictions in the statement Unreliability of the witness’s information Unreliability of the witness’s information Bias of the witness Bias of the witness Interest of the witness in the outcome of the case Interest of the witness in the outcome of the case History of the witness affecting credibility History of the witness affecting credibility

12. Recording or Taping an Interview Obtain prior consent of the supervising attorney Obtain prior consent of the supervising attorney Consider using a court reporter Consider using a court reporter Obtain witness’s consent before recording Obtain witness’s consent before recording Repeat and record the statement of consent Repeat and record the statement of consent Identify yourself and your position in the recording Identify yourself and your position in the recording State the date and the time the interview begins State the date and the time the interview begins Identify all persons present Identify all persons present Handle interruptions in the interview Handle interruptions in the interview Avoid “talking over” Avoid “talking over” How to conclude the taped interview How to conclude the taped interview Transcribe the tape or prepare a summary Transcribe the tape or prepare a summary Provide witness with a transcript Provide witness with a transcript Preserve the tape Preserve the tape

13. Identifying and Locating Fact Witnesses KPIs: KPIs: How to identify potential witnesses How to identify potential witnesses How to locate missing witnesses How to locate missing witnesses Techniques for identifying and locating fact witnesses Techniques for identifying and locating fact witnesses Variety of people sources and documentary sources Variety of people sources and documentary sources How to use available resources How to use available resources

14. People Sources The Client The Client Other witnesses Other witnesses Investigating officer(s) Investigating officer(s) Ambulance, rescue squad, and emergency room personnel Ambulance, rescue squad, and emergency room personnel The scene or neighborhood canvass The scene or neighborhood canvass The neighborhood regulars The neighborhood regulars The media The media Advertisements Advertisements

15. Documentary Sources Medical records Medical records Employment records Employment records Educational records Educational records Personal correspondence and journals Personal correspondence and journals Business records Business records Personal credit, utility, and financial records Personal credit, utility, and financial records Public records -- local, state, and federal Public records -- local, state, and federal

16. Sources of Information for Locating Missing Witnesses People sources People sources Organizational sources Organizational sources The telephone book The telephone book City/county directories City/county directories Court records Court records Property/tax records Property/tax records Voter registration records Voter registration records Car registration/ driver’s license Car registration/ driver’s license Marriage licenses/ birth certificates Marriage licenses/ birth certificates Post office Post office Social security administration Social security administration Utility company records Utility company records Business license records Business license records

17. Sources of Information for Locating Missing Witnesses State licensing agencies State licensing agencies The board of education The board of education Newspaper indexes Newspaper indexes The Internet The Internet Database vendors Database vendors Tracing companies Tracing companies Genealogical services Genealogical services Books Books

18. Witness Factors Opportunity to view the events Opportunity to view the events Elapsed time during viewing and time passed since viewing Elapsed time during viewing and time passed since viewing Physical proximity Physical proximity Weather, obstructions to view, etc. Weather, obstructions to view, etc. Physical and psychological factors Physical and psychological factors Drives, interests, emotions, prejudice Drives, interests, emotions, prejudice Past experiences and conditioning Past experiences and conditioning Physical abilities/infirmities (vision, alertness, drug use, age, etc.) Physical abilities/infirmities (vision, alertness, drug use, age, etc.) Difficulty of cross-racial identification Difficulty of cross-racial identification

19. Witness Factors Memory is not static -- it is cumulative, can change Memory is not static -- it is cumulative, can change Memory can be influenced by prior, concurrent and later events Memory can be influenced by prior, concurrent and later events Did witnesses view photos? Participate in drawing a sketch? Did witnesses view photos? Participate in drawing a sketch? Have others suggested who the perpetrator might be? Have others suggested who the perpetrator might be? Stakes in the outcome -- relationships, ax to grind Stakes in the outcome -- relationships, ax to grind

20. End of Witness Interviewing