"Interviewing refers to lawyer interaction with a client for the purpose of identifying the

client's problem, and for the purpose of gathering information on which a solution to that
problem can be based." (Binder & Price, 1977)

The purpose of the client interview is to obtain as much information in respect to the
situation presented by the client. A second purpose is to sell the attorneys services. In
order to convince the client to retain the attorney, it is necessary to gather as much
information as possible about the issue presented by the potential client and the
confidently explain what can reasonably be done.

(1) Motivate the Clients Participation (Develop Rapport through Active Listening): A
legal interview often concerns sensitive topics that an individual would not necessarily tell a
stranger. Thus, the first step in the interview is developing rapport and motivating the client to
talk freely.

The client may be reluctant to reveal information for several reasonsfor instance, she
may believe the information will hurt the legal case, she may not understand its relevance, or she
may find the information too traumatic to discuss. Countervailing factors will motivate the client
to talk, however. The clients desire to resolve the problem favorably may overcome her
reluctance to talk. Or she may respond to: appeals to help others, recognition of her efforts, or
simply the expectations expressed by the lawyer. The lawyer can gently bring into play each of
these factors.

Perhaps most importantly, the lawyer can try to put herself in the position of the client, to
really understand and empathize with the clients problems, and use active listening techniques
to reflect back the clients feelings. (Active listening can also involve non-verbal signals of
attention, such as head nodding, eye contact, or phrases of reassurance.) For instance:

1. Establish items of attorney-client relationship

- To be able to enforce or invoke the rights and obligations between the client and the
attorney such relationship must first be established. The relationship may be established
in any form but a written contract of lease of services or a retainership contract is the
best proof of its existence. The client must also be made aware of his responsibilities
towards the lawyer such as:
a. Paying him his attorneys fees
b. Knowing he cannot dismiss his lawyer at will
c. The lawyers authority to control the trial

The purpose of interviewing skills of a lawyer is to establish a good client-attorney

relationship through out the duration of the trial. However, to ascertain such relationship,
a lawyer must have a good interviewing skill to establish his case and to defend
arguments and counter arguments point by point.

The lawyer must ascertain the following:

 Preparedness during the interview
Listening skills of the lawyer
Maintain confidentiality

Allow the Client to Tell the Story Initially. The client comes to the interview with crucial
information what brings him to the lawyer, and usually, what result he wants. The lawyer has
important information also knowledge about the law and what facts are relevant given the law.
Lawyers tend to use their knowledge to focus on the specifics of the case, and take control before
giving the client a chance to tell his whole story. As a result, the client may feel like he never got
a chance to tell his story, and the lawyer may fail to understand what the client really wants.

A successful interviewer is a listener rather than a hearer. Witness interviewing

requires the use of one of the most important but most overlooked skills for successful
legal practice: listening. Listening carefully involves more than simply hearing the
witnesss voice, it requires intellectually participating in the recollection of their story.
This requires analyzing the witnesss subtle word choice, tone, and body language.
When you engage in active listening, you not only learn important facts for your clients
case but demonstrate to the speaker your interest in their story. (Kimberly, 2010) in
other words, the key in interviewing is not to squeeze as much information and answers
based from the lawyers questions but to thoroughly listen and observe the witness
truthfulness in their story to eliminate certain facts that may be irrelevant in building or
continuing with the case.

Determine facts
- The interview should be all embracing and exhaustive as possible. While conducting the
interview, apply psychology by studying his mannerisms and his propensity to
prevaricate and twist facts. Put him in a relaxed mood from the start, letting him know
you will stand by his cause under all circumstances and that he should not be afraid to
tell you the whole truth. Allow him to tell his side of the story spontaneously.
2. Be frank to the client
- If the client deliberately hides the truth and openly suggests an illegal course of action,
the lawyer must be blunt and firm. Give him stern warnings such as you will not accept
half truth and lie and that he can find another lawyer if he doesnt want to trust you.
The lawyer must also let the client know of his impressions upon him.
3. Avoid frequent interruptions
- Avoid interruptions unless it is absolutely necessary since these will distract the client
which might lead him to forget essential parts of his version of the events. Ask clarifying
questions once hes finished his narration.
4. Conduct your interview in the language the client speaks
- If possible, the lawyer should understand the language the client is most comfortable
speaking.
5. Reduce to writing the narrations of the client
- Make a draft of the clients narration and allow him to read his version. Ask him if
everything is in order and if there are still missing points. Do this before reducing the
narration in its final form
INVESTIGATING A CRIMINAL CASE: INTERVIEWING PROSECUTION
WITNESSES1

If done properly, trying to interview prosecution witnesses can be an effective

investigation technique.

In addition to using court discovery procedures to obtain evidence from the

prosecution, defense attorneys have a duty to investigate their clients cases. Effective
lawyers will gather evidence of their own in preparation for trialand even to see
whether the client has a reasonable chance of winning at trial.
Defense investigation methods can be as informal as talking to potential witnesses on
the telephone or as formal as serving a cellphone company with a subpoena demanding
call logs. One method thats often effective is in-person interviews of those who know
about either the events underlying the charges or the people involved in the case. This
includes interviewing even those who might testify for the prosecution.

Bergman, P. (ND). Investigating a Criminal Case: Interviewing Prosecution Witness. Retrieved from
http://www.nolo.com/legal-encyclopedia/investigating-criminal-case-interviewing-prosecution-witnesses.html

1
Bergman, P. (ND). Investigating a Criminal Case: Interviewing Prosecution Witness. Retrieved from
http://www.nolo.com/legal-encyclopedia/investigating-criminal-case-interviewing-prosecution-witnesses.html