Conducting Witness Interviews: A Primer for New Lawyers
Lawyers, as a general rule, are not good interviewers. This important skill is vastly overlooked in law school training or in-house training at a law firm.
September 18, 2023 at 10:30 AM
7 minute read
Law students spend hours grinding through trial and appellate case reports. They spend hours learning the intricacies of contracts and torts—more hours in trial practice seminars. But seldom is there any emphasis or assistance on how to conduct an interview of a person who may be a helpful or harmful witness in litigation for a client. Lawyers, as a general rule, are not good interviewers. If they receive any training in this area it is to craft questions for the courtroom. No training is given on how to approach a person outside the courtroom, on a construction site, at the person's home, or in a lawyer's office, one-to-one, face-to-face.
This important skill is vastly overlooked in law school training or in-house training at a law firm. The reason is that most professors and senior partners are not good at it, and thus place little value on interviewing witnesses. This is a curious fact, as good interviews are the basis for the start of any worthwhile lawsuit. New lawyers take note, this is a valuable skill and, once mastered, will find itself into your routine. This skill is also valuable for interviewing clients.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View All'It's a Major Commitment': Feedback Ensures Trial Training Programs Deliver Value
4 minute readVolunteering for Mock Trial Competitions Leads to Real Improvement in Trial Skills
11 minute readDon't Wait Up: Lack of Expertise, Talent Holding Back Generative AI in Legal Industry
Trending Stories
- 1After Botched Landing of United Airlines Boeing 767, Unlikely Plaintiff Sues Carrier
- 2DOT Moves to Roll Back Emissions Rules, Eliminate DEI Programs
- 3No Injury: Despite Proven Claims, Antitrust Suit Fails
- 4Miami-Dade Litigation Over $1.7 Million Brazilian Sugar Deal Faces Turning Point
- 5Trump Ordered by UK Court to Pay Legal Bill Within 28 Days
Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250