The Investigative Interview in Anticipation of Litigation

By Robert H. Townsend.

The investigative interview is a very slippery slope. When assigned to obtain an interview, an investigator must understand that his challenge is to accomplish far more than learning the basic fundamentals of who, what, where, when and how. Insurance companies, attorneys, and corporations assign this effort rightly expect an alertness to critical information which enhances, mitigates, exculpates or clarifies the perceived degree of exposure of the matter involved. The interview, pivotal in many instances, is used as a critical tool to establish the overall cost effectiveness of whether to continue the litigation engagement or resolve the dispute by alternative methods. The investigator must be judicious and regard the interview as a process to be tailored according to the unique characteristics of a particular matter. Balance the interview with direct, assertive questions, revisiting those questions as necessary. Cloak the interview with engaging conversation and friendly, gently placed, non offensive or argumentative, adversarial interrogation. Be quick, well-organized, kind and courteous. Regardless of how often one has handled a matter involving substantially similar dynamics, the old rule of thumb applies– the best questions are informed questions. Research and prepare for an interview. Gather as much information as you can about the particular incident and subject that you are about to interview. A detailed briefing with counsel of the key elements of the case is recommended.