4.4: Interviewing Guidelines

The in-depth client interview should occur only after the client has officially hired the law office by signing a fee agreement and paying any required up-front fee. Similarly, an effective witness interview (someone other than the client, such as an eyewitness or an expert witness), relating to a client’s legal matter should only occur after the client has official hired the law office, and then only at the direction of the supervising attorney.

Here are some things to keep in mind when conducting the interview.

Prepare an Appropriate Space

Make sure the interview takes place in a private space so that all information remains confidential. For a web-conference interview, make sure both you and the interviewee are in private spaces, and use a secure network (not public wi-fi) and a secure web-conferencing platform. If the interviewee is coming in person, reserve a private conference room at the office. Supply it with writing materials, water (or coffee, juice, or soda), and a box of facial tissues; make sure the interviewee is comfortable. Turn on “do not disturb” for electronics and other devices and take other steps to prevent interruptions. Make sure there are no other files or papers lying open in the interview space.

Formulate Responses to Interviewee Questions to Which You Cannot Respond

It’s practically guaranteed that interviewees will ask questions you are ethically not allowed to answer. Having prepared responses will give you confidence to respond without feeling awkward. For example,

Example \(\PageIndex{1}\)

“As a paralegal, I don’t have as much knowledge and skill as the attorney, so I can’t answer that question as it involves legal advice. I’ll be sure to refer that question to the supervising attorney.”

“Every case is different, so I can’t predict how long the case will take, what it will cost, or what the outcome will be. Rest assured that our office will use its skills and expertise to seek the best outcome in the most efficient way possible.”

Prepare Yourself for the Interview

Know what information you want/need to obtain from the interviewee. Review the information from the client’s initial intake form and legal consultation; discuss with your supervising attorney any questions you have about the interview, its purpose, and what is needed. Make sure you have the appropriate interview checklist and other documentation ready before the interview begins. If you will need the interviewee to sign releases, complete those documents and have them ready for the interviewee’s signature. Plan how you will take notes during the interview (for example, handwritten, or on a computer or a tablet)

Begin with Required Disclosures

• As a paralegal, you cannot give legal advice. You will be working closely with the attorney handling the legal matter and will refer all requests for legal advice to the attorney.
• Although you can provide general information about procedures, you cannot predict costs, time required, or results for their legal matter.
• You need to take detailed notes during the interview to ensure you have complete and accurate information.
• Complete and honest answers are critical to the successful representation of the client’s interests; remind the client that all information will remain confidential.

Obtain Permission Before Recording the Interview

• Before recording the interview, get permission to do so from both the supervising attorney and the interviewee.
• Once you receive permission to record the interview, start the recording with the following information:
  • Name of the interviewee and any other relevant information about the interviewee (for example, mention that the interviewee is an eyewitness to the accident that occurred on a specified date)
  • State your name and the names of any other persons who are present
  • Identify the date, time, and place of the interview
  • Ask the interviewee for permission to record the interview. Wait to begin asking your questions until after you have received permission
• Keep in mind that while there are benefits to recording an interview, the downside is that sometimes interviewees feel uncomfortable or may be less open and forthcoming when they know they are being recorded. Many times, the downsides of recording outweigh the benefits.
• Even if you don’t plan to record the interview, let the interviewee know you will be taking notes to share with your supervising attorney

Use Empathetic and Active Listening Techniques

• Maintain eye contact as much as possible (unless doing so would make the interviewee especially uncomfortable).
• Encourage the interviewee to speak freely and explain answers beyond one or two words (tell me about that; help me understand …).
• Repeat back portions of what the interviewee has just told you to demonstrate your listening and understanding -- this may also encourage more details from the interviewee.
• Use language the interviewee understands, and check for understanding if you are using legal terms (such as spousal support, maintenance, etc.).
• Acknowledge the interviewee’s emotions and experiences before redirecting, if necessary (“I can understand why that would make you feel angry …). Take breaks when necessary to help diffuse strong emotional responses.
• Be aware of how your tone of voice, verbal language, and body language may be impacting the interviewee, particularly if the interviewee has been a victim of abuse or domestic violence.
• Do not “talk down to” or disparage the interviewee.
• Notice the interviewee’s body language and other verbal and non-verbal reactions to your questions and be prepared to adjust your interview techniques if necessary.

Use Language that the Interviewee Will Understand

Avoid technical or legal jargon (sometimes called “legalese”) when possible and be prepared to explain if necessary. Make sure you know enough about the interviewee to use language and terminology that take into consideration the interviewee’s education level, experience with the legal system, and comfort with the English language. Check for understanding frequently by observing the interviewee’s non-verbal cues, asking the interviewee to confirm understanding, and inviting questions from the interviewee.

Listen Carefully to What is Said – And What is Not Said

• Wait for the interviewee to finish answering the question and pay attention to all the details of what the interviewee has said.
• Be prepared to ask follow-up questions to obtain more specific details. Refer back to previous information as the basis for follow-up questions
• Expect the interviewee to skip around topics, or to not tell the story in chronological order. Make sure you understand the order in which events occurred.
• Clarify when necessary. If the interviewee uses pronouns (he, she, they) instead of names, you may need to ask the interviewee to confirm/use proper names rather than pronouns to refer to people.
• Pay attention to the interviewee’s body language and mannerisms. Sometimes changes in posture, facial expression, or even tone of voice can signal the need for additional follow-up questions. If the interviewee seems uncomfortable, it’s okay to take a break.

Make Mental Notes on the Client’s Personality

During the initial legal consultation, the attorney is primarily concerned with determining whether the office can help with the client's legal matter. The follow-up interview is also an assessment of the client’s demeanor and to discern potential red flags. Ask yourself whether the client

• Appears emotionally distraught or volatile, overly angry, or vengeful
• Has unrealistic objectives or expectations, or appears to want to tell the office “how to run” the case
• Answers questions inconsistently or avoids directly answering questions
• Frequently rambles wanders off topic, constantly interrupts you, or appears otherwise unable to focus
• Seems to be compromised by a mental health condition, or is under the influence of alcohol, drugs, or medications
• Is flirtatious or otherwise makes you feel uncomfortable

With witnesses, particularly those whom the attorney may need to appear in court, it is very important to assess the interviewee’s demeanor and to discern potential red flags, similar to what is listed above for clients.

Wind up the Interview Appropriately and Plan for Needed Follow-Up

• Know how you will end the interview.
• Invite the interviewee to provide additional information. A good way to do so is by asking, “Is there anything else about this incident/legal matter that I haven’t asked about and that you think I should know?”
• Double-check your checklist to ensure you received all of the information you need to have
• If appropriate (typically with clients), invite the interviewee to voice concerns or ask questions. Be careful that your answers don’t constitute UPL!
• If interviewing a client, let the client know it is often necessary to meet more than once
• Compile a list of documents still needed from the interviewee. A pre-prepared checklist that allows you to use checkboxes to let the interviewee know which additional documentation is needed is beneficial.
• Determine how to access any necessary electronic data you may need for the client’s legal matter. Find out what the client/client’s family use for
  • computers/devices/phones?
  • email providers/addresses?
  • social media platforms/accounts?
  • cloud-based applications, such as Microsoft Office 365, Google Drive, etc.
• Let the interviewee know what will happen next, if applicable. Will there be follow-up interviews or information requested? If so, from whom should they expect contact and in what time frame? Will the interviewee likely be asked to appear at future court proceedings or depositions?
• Thank the interviewee for their time
• Provide contact information for you and the supervising attorney; usually, this is done by providing the person with business cards

Post-Interview Steps to Take

As soon as possible after the interview, review the notes that you took during the interview. Summarize the interview in a memo to yourself or, if requested, to your supervising attorney. Depending on the type and purpose of the interview, you should also do the following:

• Write a brief letter to the interviewee. In this letter
  • Begin with a sentence stating that (as appropriate) you and/or the lawyer enjoyed/appreciated meeting with the person. Include the date and location of the interview (for example, on the day/month/year at our office)
  • Briefly summarize what was discussed and/or decided during the interview as applicable
  • Inform the interviewee of the dates/times of additional actions, scheduled meetings, or deadlines for taking actions/making decisions where appropriate
• Enter reminders (also known as ticklers) for tasks, to follow up on needed information, or for upcoming deadlines on your calendar. If requested, add these reminders to your supervising attorney’s calendar as well.
• Meet with your supervising attorney to discuss the next steps the attorney would like you to take, such as drafting witness statements or interview summaries.

Interviewing clients and witnesses is one of the most important tasks a paralegal can undertake. It’s also a great opportunity to let your professionalism shine while you help to make the interviewee’s interaction with the legal system as positive as possible.