Module 3
Interviews and witness statements: preparing, asking, listening, recording and writing a statement in the witness’s own words
Most of what a lawyer knows about an event comes from people. A good interview gets the most accurate and complete account the person can give, and it does so without changing the account on the way. That is harder than it sounds, because questions shape answers, and a tired, anxious or helpful witness will often agree with the question. This module covers preparing for an interview, the kinds of question and when to use them, listening and probing, recording what was said and turning it into a witness statement that is the witness’s own and not the lawyer’s. It stays at an introductory level; special rules apply to vulnerable witnesses, to interviews by public authorities and to every system’s ethics code.
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See what is included in All-Access →General education on investigating facts and forming a case theory, using invented people, businesses, documents and events. It is not legal advice, it does not state the law of any country and it is not a substitute for your own professional code, your regulator’s guidance or the rules of your court. Do not use it as a guide to contacting witnesses, recording conversations or gathering evidence in a real matter without the advice of a qualified lawyer in the place concerned.
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