Interview and Statements
A very important aspect of any legal investigation is the witness interview. Witnesses are a critical part of the discovery process, whether for a civil matter or criminal case. How a witness is dealt with early in the investigation has consequences that may be felt throughout the case. Trained professional investigators benefit the attorney because they are able to approach witnesses objectively as a third party contact. While a private investigator's fiduciary responsibility is to the client, they main goal is to uncover and develop all facts in the case, not to prove a client's theory of what occurred. Most productive interviews are generally conducted in the witness's environment, home, work, coffee shop, etc. producing a more relaxed mental state allowing the witness to be less on the defensive. If the interview is conducted at home/work, the investigator can assess additional background information about the witness by items seen in and around the home or workplace. Developing rapport with a witness is vital to the process because the investigator is typically called upon to facilitate the witnesses appearance at deposition and at trial. A good rapport also allows the investigator to gently probe for bias, or hidden agendas in the witness statement of events.
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