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"The Art of Interviewing"
Or
"You Get More With Honey Than With Vinegar"

By Terry R. Cox, CLI, CFC
Certified Legal Investigator
Certified Fraud Consultant


"There are no second chances to make a good first impression" The art of interviewing is not an inherent trait in human beings. It is an acquired "skill" which is developed over time with training and experience. There is a definite psychology involved in interviewing and obtaining information from another person.

First we must determine what an "interview" is. Simply defined, an interview is "a conversation with a purpose".

Within the course of any interview the legal investigator should always include the following elements of information from the witness:

"WHO, WHAT, WHEN, WHERE, HOW & WHY"

Without these key elements of information, the interview and information obtained is incomplete and of less value than if each element is included.

The interview "process" consists of several elements.

  1. Preparation -- (know your file)
  2. Introduction & Norming of the witness (building rapport)
  3. Ask your questions -- (let them talk)
  4. Keep Control -- but be "nice" -- the strangest things can shut a witness off and disrupt an interview.
  5. Review Statement -- Go over facts with witness and make sure they agree that the facts contained in the interview are true and accurately reflected.
  6. Clear up vague points -- If something is unclear to you then give them a chance to clear up the information so it makes sense.
  7. "Catch All" questions -- near the conclusion ask -- "Is there anything I haven't thought to ask you concerning this matter" or "Do you have any further information concerning this matter" -- You've just locked them into their statement.
  8. "Leave the door open" -- Leave the interview open and friendly. Ask "If I need to contact you again, would that be alright?"

Types of Interviews

There are different types of interviews which the legal investigator will encounter during his/her career.

Adversarial (hostile or reluctant)

The adversarial witness is a challenge to even the most seasoned interviewer. The successful interviewer must find a way to "hook" the witness and get them to identify with the interviewer. There are several different approaches the interviewer may use.

A. Friendly -- the interviewer takes a friendly approach to set the witness at ease and get the witness to "open up"

B. Sympathetic --- the interviewer is sympathetic to the witness's reluctance to provide information due to his/her circumstances but the issue is so important that "it's the right thing to do"

C. Explanation of "our" position -- the interviewer explains his/her position on the case and solicits cooperation from the witness. "We're not the bad guys -- We have a job to do just like the other side". I only want you to tell the truth about your knowledge of this case.

D. "You would want the same opportunity -- common courtesy"

The interviewer knows that the witness has been interviewed by the other side and ask for the same opportunity to ask his/her questions.

E. "All business -- Official" -- The no nonsense approach is sometimes used when an individual seems to respond to an "authoritative" person.

F. "WHAT EVER WORKS" -- In the event that none of the above approaches work on the witness, the interviewer must be flexible enough to find something unique to that individual to "hook" them and gain their cooperation.

It is my experience that most witnesses will talk to you, however, even the seasoned interviewer will, upon occasion, encounter the witness who will simply not be interviewed for any reason. If this occurs, document the attempt(s) and keep for possible impeachment purposes at trial.

Non-Adversarial (cooperative)

The "cooperative" witness is usually not a challenge in the interview process. However, the experienced interviewer should analyze each witnesses motive for the information given and its' value. Most witnesses want to tell what they know about the case because we as humans have a natural "need to help" reflex and will relate their knowledge to you simply and correctly. However, some "cooperative" witnesses may embellish their story with made up facts in order to bolster their own importance and knowledge of the case. Others may give facts that are simply untrue in order to poison the investigation. Regardless of the reason, the facts given by each witness should be corroborated independently by other interviews and the review of the physical and real evidence in each case.

Scientific Methods

Their are several "new" scientific methods of interviewing which have been developed which can be useful tools to the interviewer. These include Kinesic Interviewing, The Reid Method and Neuro-Linguistic Programming (NLP). The schools for these methods are quite expensive and are often cost prohibitive to the legal investigator unless he/she is supported by a large firm or is a staff investigator.

There are a number of accepted methods of "recording" the interview. They include:

1. Verbal -- (unsigned with notes)

On many occasions a witness is reluctant to allow the legal investigator to "record" the conversation between them. If the witness insists that the interviewer not take notes or audio/video tape the conversation then listen carefully to the information provided by the witness and immediately after the interview is concluded, draft careful notes of the information and later draft a formal "Report of Interview" for the file.

Be diligent in keeping your original notes of the interview with the date, time and location of the interview for authenticity.

2. Handwritten -- (Signed)

Many times the witness will not allow you to audio/video tape your conversation but will sign a handwritten statement. This is the "old tried and true" method of taking a witness statement. It is somewhat time consuming, but reliable and lessens the opportunity for the witness to later state they "didn't say that".

Have the witness initial and date each page of the statement and provide them with a copy of it if they ask for one.

3. Audio/Video Tape

In many instances an audio and/or video taped interview is very effective. It can be transcribed for production in court and if required the original tape can be played for the court in order to show the demeanor of the witness and the conditions under which the interview was conducted. The old saying "a picture is worth a thousand words" relates to this.

Effective interviewing is the backbone of the legal investigators arsenal of skills. One of my "bosses" says that I have a "good way with people" and credits that as part of my success as an effective interviewer. The truth is, I am not, by nature, the extrovert that he sees daily in my work. I am a mild introvert who has worked to overcome it and develop my skills and "a good way with people" in order to be a successful interviewer and legal investigator.

Remember:

"You get more with Honey than with Vinegar"

and

"There are no second chances to make a good first impression"

Making a bad impression can mean the difference in successfully obtaining information from a witness or going home empty-handed. Work on your "interviewing skills" and develop "a good way with people" so you don't go home empty handed.

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