NFPA Paralegal Core Competency Exam (PCCE)Legal Writing and CommunicationMedium
A paralegal is conducting a witness interview for a civil dispute. The witness is hesitant and provides very brief, one-word answers. To elicit more detailed and useful information, which interviewing technique should the paralegal primarily employ?
- AAsking a series of leading questions to guide the witness.
- BExpressing impatience to prompt quicker and more comprehensive responses.
- CInterrupting frequently to rephrase questions in simpler terms.
- DMaintaining silence after a brief answer to encourage elaboration.
Show answer & explanationAnswer & explanation
Correct answer: D. Maintaining silence after a brief answer to encourage elaboration.
Maintaining silence after a witness provides a brief answer is a powerful technique. It creates an expectation that more information is desired and often prompts the witness to elaborate further without feeling pressured or interrupted, thus eliciting more detailed responses.
Why the other options are wrong
- A. Leading questions can contaminate testimony or limit the witness's narrative, especially in early interviews.
- B. Expressing impatience is unprofessional and will likely make a hesitant witness even more withdrawn.
- C. Frequent interruptions can frustrate the witness and disrupt their train of thought.
Strategic Silence in Interviews
A technique where the interviewer pauses after a witness's response, allowing them time to reflect and offer additional information without direct prompting.
- Encourages elaboration and deeper thought.
- Can be effective with hesitant or reticent witnesses.
- Requires patience and active listening.
Memory trick: Silent Moments Often Yield Golden Statements.