In every matter that a law firm or law department handles for a client or another department, the facts that are discovered will determine the controlling law and will greatly influence the final decision. These facts are in part identified by the interviews that, in many cases, paralegals conduct.

—— Set aside feelings ——

One of the most difficult parts is to not identify emotionally with the problems or positions of the client or the witness who we are interviewing.

The affirmative ethical obligations of an attorney and of the paralegals working on a case is to represent the interests of a client with objectivity.

This may mean asking a witness or a client tough questions, also if they may upset them, and digging up and reporting negative information about people we may personally like.

—— Thoroughness ——

Unlike the preparation of a document that the lawyer will have time to review and redraft if needed, when we interview a witness and report the information back to our boss, there is a great deal of chance that the attorney will entirely rely on our report and will not make further contact with this witness.

Often, we are the only person making certain inquiries and ultimately the case can rest on the job we have done and whether it was thorough and accurate enough.

—— Creativity ——

During an investigative interview, it is very important to be flexible and ready to ask unprepared questions.

Often, information we believed would be available from one source is not, so we have to find a way to get it from another place or person. For example, a witness our boss thought would cooperate, won't in the end, and we have to find an alternative way to convince him or her to talking with us. Or a witness who was expected to say one thing says something else during the interview and we have to revise our planned questions on the spot.

As a result, successful interviews are based on our capacity to think creatively to overcome obstacles and find a way to get the job done, no matter what.

—— Preparation is key for paralegals conducting an interview ——

When asked by a supervising attorney to conduct an interview, it is important to always keep the goals and purposes of the interview in mind.

Goals

These goals can be, for example:

• establishing a relation of trust and confidence,
• opening good communication channels,
• checking potential conflicts of interest,
• obtaining specific authorizations,
• explaining the role of each person involved,
• evaluating the interviewee's demeanor, credibility, and reliability.

Documents

As with any other part of our job, it is essential to double-check the list of documents the interviewee needs to bring and the documents we need to prepare in advance, such as recording authorization forms and fee agreement documents, authorized by our supervising attorney.

Questions

To determine the questions to ask, thought must be given to what is known so far regarding the legal problem at hand. Based on this information, we can prepare a comprehensive list of topics that need to be covered and organize them in a logical fashion that work for us and our attorney.

—— Confronting the interviewee ——

Silence can be a good tool during an interview. It can be useful when you think that your interviewee has more to say but is reluctant to expand on his/her answers. It can be interpreted as an encouragement to speak. Additionally, if you believe that the answer given to a question is probably false, the pause may give the other person an opportunity to correct the answer.

If silence is not enough, you can try a non-hostile confrontation. With a soft but clear voice and a steady eye contact, you can explain how damaging it can be to rely on incorrect information.

Additionally, by giving the interviewee the opportunity to ask questions, you will sometimes find that the information that was not provided or initially incorrectly given, can be later voluntarily relinquished.

—— Ethical issues for paralegals ——

There are a lot of ethics rules that we have to take into consideration when setting up interviews for a case.

For example, communications we may have with a party not represented by counsel are restricted. This rule can be particularly tricky when interviewing employees or former employees about matters that are being litigated or may be litigated in the future.

And we must refrain from inadvertently misleading persons, who we would like to interview and who are not represented by a counsel, about our interest in a matter.

—— Conclusion ——

The interviewing skills of a paralegal can make all the difference in a case won or lost for a client.

A paralegal who can competently prepare for and conduct an interview will be indispensable to the lawyer for whom she/he works.

Always assume that a relationship you establish during an interview will be a long term one,and remember that a good working relationship with a client improves the chances for future representation. This will bring joy to your attorney's heart who will be more likely to remember you fondly at bonus time!

More information for paralegals

Cynthia Bandars Schroeder, Civil Interviewing and Investigation for Paralegals (1999).
Stephen P Parsons, Interviewing and Investigating : Essential Skills for the Paralegal (3rd. 2008).
Therese A. Cannon, Concise Guide to Paralegal Ethics (3rd. 2010).