Instantly Improve Your Witness Interviews With These Simple Hacks

Suddenly, your newer plaintiff law firm takes in THE CASE. Your staff is already loaded down, and your other case deadlines are near. But, there's a catch.

The case rises and falls based on your staff being able to conduct effective witness interviews and to get them done quickly.

And, no one has ever taught them how to do that.

In some cases, especially if a witness might switch up his testimony, hiring an outside investigator makes sense.

But, for most interviews, that's not likely to happen. So your staff should be able to handle these.

Yet, it takes time to develop and master the skills needed to conduct effective witness interviews. It's a fact, that you get better at it with each interview that you conduct. (Want a crash course on witness interviews? Download my FREE PDF, the 6 Steps to Conducting More Effective Witness Interviews So You Can Maximize Case Outcomes).

But, there IS NO TIME to learn. You have to move FAST on this case.

So how can you instantly get better at conducting effective witness interviews?

These simple mindset hacks will help:

•  You need the information the witness possesses more than the witness needs to provide it to you. 
•  Talk less. Listen more.
•  Sometimes you have to give in order to receive.
•  If you don’t ask, the answer’s always no.
•  Know, like, and trust (rapport building) matters.
•  Be the tortoise. Not the hare.

I used them during the approximately 12,000 witness interviews I conducted in my 30+ years of handling civil plaintiff and criminal defense litigation investigations. And I’ve taught these techniques to hundreds of legal professionals, attorneys, paralegals, legal assistants, and law school students. 

And best of all, you'll  see a real difference in the depth of your interviews. 

Mindset Hack #1: You Need the Information More Than the Witness Needs to Provide It To You.

It's better to get witnesses to voluntarily be interviewed instead of having to compel them via subpoena. So make sure you do everything in your power to accommodate them. 

When you first make contact, explain who you are, and who you represent. Then ask, "Have I caught you at a good time?" Simply respecting their time goes a long way towards gaining the witness's confidence.

Meet them where it's convenient for them if you want to conduct the interviews in person. Yes in person interviews are typically more effective.

Unless your office is super convenient for them, you want to meet at a convenient for them coffee shops, fast food restaurant, the witness's home, or place of work. 

Because you need the information more than the witness needs to provide it to you, you need to reduce the barriers that can give the witness pause.

Mindset Hack #2: Talk Less. Listen More.

Witness interviews are entirely about getting the information a witness possesses. Stop. End of story.

It is not about how well you ask questions. In fact, the best way to get more information is to show the witness that you are listening. Really listening.

Say things like, "how so?", or "can you run me through this?" to get the witness to go more in depth.

Also, use reflective listening, "so what you are saying is ____ ". This will get the witness to cover what he just said again, and most likely lead to him adding even more information.

Mindset Hack #3: Sometimes You Have to Give in Order to Receive.

It's natural to be curious about a situation you become part of, and that's no different for witnesses. So don't act like, I can't tell you anything about the case, but you must tell me everything.

It won't work.

Know what is safe to share about the case that won't violate attorney-client privilege, or work product doctrine. And be willing to share some. It will help to bring the witness into the fold. AND, you can use this to educate the witness to your theory of the case.

Mindset Hack #4: If You Don't Ask. The Answer is Always No.

 Never assume that a witness won't speak with you. Even one you think is opposed to your theory of the case. 

Felix Unger from the TV show The Odd Couple had it right, "when you assume you make an ass out of u and me."

The worst that will happen is he'll decline to be interviewed. And then you can subpoena him if you really need to know what he says.

Also, don't be afraid to ask the difficult questions. Even ones that you don't like the answer to. Witness interviews are about no surprises. Yes, you may hear something that can be difficult for your case, but it's best to learn that early. Not later down the road after you've invested tens of thousands of dollars and a lot of time.

Mindset Hack #5: Know, Like, and Trust (Rapport Building) Matters.

 Sgt. Joe Friday, from the TV show Dragnet, used to say, "just the facts ma'am" when interviewing a female witness. As if anything outside of the facts was useless.

On the contrary, it's building a connection to the witness that will help build rapport, that will really make a witness interview thrive.

Rapport building starts with a solid introduction, and asking if you've caught the witness at a bad time. From there it's about finding something to connect over. Maybe it's lousy traffic. Maybe it's the witness's job, or dog. Maybe it's the local schools or sports. 

Actively look for something you can discuss that helps to make a connection. And go there. Use it to humanize yourself, and to make the process less intimidating for the witness.

Mindset Hack #6: Be the Tortoise. Not the Hare.

 Don't be in a rush to get right to it. Take your time. If the witness asks how long the interview will take, it's ok to say 10-15 minutes. A good interview will take longer. Much longer. 

But only if you don't rush it. Here's the thing, the slower the interview pace, the more likely it is that the witness will fill in additional information. And the more information you develop the more effective the interview will be.

Sit there in silence to slow the process down. Let the witness fill in the space. 

Go over by paraphrasing what the witness said, once or twice even. Again, the witness will use this slowdown to add more info.

These simple mindset hacks can instantly improve the effectiveness of your witness interviews. And if you're really interested in maximizing your case results through conducting more effective witness interviews, download my FREE PDF on the 6 Steps to Conducting Effective Witness Interviews below.