This text on interviewing and investigation is a practical guide for paralegal students, paralegals currently working in any number of legal specialty areas, instructors in schools offering paralegal programs, law offices and state offices. The material covers everything from organizational tools, public sources of information, the Freedom of Information Act, Federal Rules of Civil Procedure, Federal Rules of Evidence, to post judgment investigations. The accompanying study guide offers a variety of hands-on assignments and learning opportunities and provides a safe avenue for applying knowledge while generating enthusiasm. Practical, on-the-job training data is offered along with examples of real life situations and how to handle the problems and demands of the paralegal profession.
Table of Contents
PREFACE. ACKNOWLEDGEMENTS. SECTION ONE: INTERVIEWING: 1. INTERVIEWING-UNDERSTANDING THE BASICS: Introduction. Defining the "Interview". Interviewing Roles. Perceptions. Interactions. Listening Skills. Evaluations. Scheduling the Interview. Summary. Activities. Case Study 2. THE INTERVIEW STRUCTURE: Planning Ahead. Opening the Interview. The Body of the Interview. Closing the Interview. Summary. Activities. Case Study. 3. QUESTIONING: Why "Good" Questions are Required. Open Questions vs. Closed Questions. Leading vs. Neutral Questions. Probing Questions. How to Structure Questions. Problem Producing Questions. Summary Activities. Case Study. 4. INTERVIEWING THE CLIENT: Introduction. The Initial Client Interview: An Overview. Conducting the Interview. Identifying Difficult Clients. Questioning the Client. Evaluating the Interview. Ethical Considerations. Summary Activities. Case Study. 5. INTERVIEWING THE EXPERT: Introduction. Preparing for the Interview. Conducting the Full Expert Interview. Medical Experts. Ethical Considerations. Summary. Acitivities. Case Study. 6 THE INVESTIGATIVE INTERVIEW: Introduction. The 5 W''s of the Interview. Quintamensional Questioning Technique. Conducting the Interview. Special Considerations. Analyzing the Investigative Interview. Ethical Considerations. Summary. Activities. Case Study. SECTION TWO: INVESTIGATION MECHANICS. 7. INVESTIGATION-UNDERSTANDING THE BASICS: Introduction. Understanding the Investigation. Objectives of the Civil Investigation. Thinking Like An Investigator. Skiptracing. Summary. Activities. Case Study. 8. ORGANIZATION AND THE SUCCESSFUL INVESTIGATION: Introduction. Tickler Systems. Charts and Graphs. Witness and Evidence Lists. Creativity and Organization. Summary. Activities. Case Study. 9. SOURCES FOR THE INVESTIGATION: Introduction. Public Records. Private Records. Public Agencies. The Internet & Databases. Printed Materials. Related and Non-Related People. Summary. Activities. Case Study. 10. CONDUCTING THE INVESTIGATION: Making a Plan. Strategies for Conducting the Investigation. Timelines and Chronlogies. Authorizations and Records Requests. Ethical Considerations. Summary. Activities. Case Study. 11. IDENTIFYING EVIDENCE: Introduction. Causes of Action and Elements. Assessing Damages. Affirmative & Rebuttal Evidence. Types of Evidence. Summary. Activities. Case Study. 12. DEVELOPING AND PRESERVING EVIDENCE: Introduction. The Hypothesis. Primary Evidentiary Tasks. Expanding Stories. "Common Sense" and Evidence. Preserving Evidence. Summary. Activities. Case Study. 13. THE FEDERAL RULES OF EVIDENCE AND EVIDENCE ANALYSIS: Introduction. The Federal Rules of Evidence. Exclusionary Terms. Rules of Evidence. Analyzing Evidence. Summary. Activities. Case Study. 14. LOCATING WITNESSES: Introduction. Conducting the Search. Evaluating the Search. Locating the Expert Witness Using The Internet. Summary. Activities. Case Study. 15. THE COLLECTION INVESTIGATION: Introduction. Beginning the Collection Investigation. Discovering Assets. Recovery of Assets. The Fair Debt Collection Practices Act. Summary. Activities. Case Study. SECTION THREE: APPENDICES