Chapter-2

INTERVIEWING TECHNIQUES

As per the syllabus of the Bar Council of

India, every
observe two "interview sessions" with clients either in
or in the Legal Aid Office and this shall be the student
recorded iLan wyets o
assessment.

As the students have viva-voce examination on Ofice

and Pre-Trial Preparation, he should have the
knowlinteedgerviewing
owith dteteervvhimiecNiqegnegs
technique. The interview is the oldest and most often of
obtaining informationamong human beings. As i used
information fo
a verbal method of securing infornmation. It is a conversation
It may be conducted face to face. Interview
technique
for the illiterate andthe educated respondents. It consists of
can be
a
technique,tis
Usperdpose.
verbal both
between two or several persons.
The Shorter Oxford English Dictionary defines interview ras"'aesponses
contmeeresnincge
of persons face-to-face, especially for the purposes of formal
on some point.
John Madge points out that the interview is a purpos1ve
and the purpose may vary widely in order to inchude
information. the ConvernecseaStsiaorny
Harder and Lindman say, "Interview consists of
dialogue or
responses between two persons or among several persons". verbal
Brown and Ghiselli say, "The term interview stands for a generic
concept which includes a variety of procedure used in collecting data
(information) through aperson to person contact between an interviewer
(mooter) and a respondent (client).
1. CHARACTERISTICS OF INTERVIEW
The following are the characteristics of interview:
(1) Interview is a social contact to study human behaviour or
personal problem.
(2) It has got a definite object i.e. securing certain information.
(3) It involves face to face contact between the
interviewer (mooter)
and the respondent (client).
162
 Pt.II, Ch. 2]
163
(4) It is a way Interviewing Techniques
of
(5) It is an oral finding out problem i.e. issues of fact.
verbal method of
The success of
securing information.
It depends interview
is
(1) on the based on three aspects:
with the respondent.capacity of the
(2) The right type of
interviewer to build rapport

(3) Recording of the questions should be asked in the right manner.

of interview. responses properly and accurately at the time
2.
CHARACTERISTICS OF
GOOD
(1) First of all, a
sympathetic,attitude go agood and
good long way
pleasing personality,
in securing
INTERVIEWER
delightful manners,
an
personalqualities atmosphere
a
cati
create
and interview.
are needed in gain confidence of the Such personality
convincing capacity of the guiding the interview onrespondent. : Great
others cannot gather. interviewer help him to elicit right lines. The
ti (2) The interviewer should have the
information, which
itelevant exaggerated
Heshould have the
superfluous and find outcapacity of weeding out
the truth and the
it
narration. psychological reality
knowledge to judge the facts behind
of
The interviewer has
(3) not only to watch
an active participant and listen
be
involving
questions and guiding the course of himself with the narration by
hasto silently but he
calibre of personality, tact and interview. All these factors asking
high conduct the skilfulness which the require a
possessin order to
3.
interview successfully. interviewer must
NATURE OF QUESTIONS
interview the mooter has to ask
the client. The questions should possess questions
In to get nature:
the following information from
1. Questions should be few, short, clearly worded, simple and
to ansSWer. easy
They should be within the
2. informational scope of the respondent.
Questions should have a direct
3. bearing upon the
t4. Todirect guestions may also be asked to get a problem.
correct reply.
The questions should be
5 inter-related with each other so that
the sequence may be maintained.
164 Moot Court, Exercise and Internshin

6. Questions facilitating cross-checking may be

7. asked,
The questions shall be thorough and no placefor any
be allowed.
4. QUESTIONS TO BE AVOIDED
The following type of questions should be avoided.
1. Too long questions;
2 Complex questions;
3. Questions causing suspicion;
4. Embarrassing questions;
5. Personal questions which are not related to the
6.
7.
Leading questions;
Questions whose answers can be otherwise
problem:,
8. Questions not pertaining to subject-matter of procured;
9. Questions likely to yield inaccurate response, and enquiry;
10. Questions on universally accepted norms.
5. ORGANISING AN INTERVIEW
(PROCEDURE)
Generally senior Advocates are specialised in one
branch
take up cases only of that branch, civil or criminal and they
are they and
as either Civil Lawyer or Criminal Lawyer. In the
Chamber reputed
Lawyer, a trainee-law student meets civil litigants and in the
of a
Cwl
a Criminal Lawyer meets the accused person or their
pairokars if the accused is in jail. telated Chamber
persons ieo
.
The students should observe the interviewing sessions of at
lawyer's office. The main points relating to the interyview of the client the
be noted in a diary. The student trainee need not conduct the clhents shoud
but observe the advocate. interview,
A lawyer interviews the client in the following process
6. BEGINNING THE INTERVIEW
At schedule time, the client meets the advocate in his chamber/offoe
It is always better to maintain privacy of the client. Now and then, the
advocate may take assistance of his junior.
 Interviewing Techniques 165
advOcate beforestarting intervieW opens anew file for
The
papersrelatingto his case in
that file. At the time ofthat client
bk
ee e pa
s ll
advocate
should
ascertain the nature of ne appoint
the
relevant
documents of problem and ask
is
nmade,

should
go any
through
bring
to
information
the documents listening to to the
the client and interview.
asking questions.He
him

InterviewWingthe clients is an art and it can be

Whenanaggrieved person comes to the advocate, attained by practice.
he generally be in
depressed
condition. Therefore,
the advocate should give patient hearing
narration and try to encourage him to
his knowledge. The client may repeat
reveal him everything that
towithinhis himself, but
Allowhimto have his sayin full. It may be declamation,
is
not besnub
it may him.
inactive
andabuseof the other party. Do not interrupt the client in his narration,
hut reserve your questions to the end when he makes a pause.
The interviewing procedure generally follows as under:
katerviewer should take the following precautionswhile interviewing:
) show proper interest in everything that the client tells:
() Avoid playing with pencils or pens, paper clips etc. while listening;
Gii) Try to feel at ease with the client:
(iv) Try to gain confidence of the client:
(v) Let the interview progress gradually;
(v) Don't try to be unduly inquisitive so as to appear impertinent;
(vii) Don't try to attempt to extract answers through indirect means;
(vii) Try to understand the significance of the facts from the
respondent's point of view;
(ix) Give top priority to the convenience of the respondent;
(x) The right type of questions should be asked in the right manner
and proper language;
(xi) The questions should be capable of getting all the relevant
information.

The skills of listening and noting are at the foundation of effective

speaking and questioning, interpreting behaviour, responding and reacting,
and creating conditions for communication. Sometimes boredom, preoccupation
or mental distraction, impatience, bias etc. act as impediments to effective
listening.
 Exercise and
166
Moot Court,
Internship
Accordingto N. Gold K. Mackie and W. Twining, the )

listeningskillsare:
of
squarely facing the client:
()
open stance;
()
slightforward lean;
(iüi) contact;
appropriate eye
(iv)
(v) relaxed.
7. RECORDING
phase in
responses is another time the
Recording ofways-recording
done in two
at the
time of
of interview.or This ce
interview
be
interview is over.
Recording at the
information can be noted. But
interview ater
recording ensures he
attention to after the
Allthe relevant
of interviewis helpful
in one way to pay the content acomcpueraticoy.n
by theclient.
8,
PRELIMINARY PROBLEM e
IDtheENTIclient,FICATIONxplained
the problem by the
After the narration of client. The
identifythe problem faced
bythe lawyer should identify
advocate Can
() the basis or cause
(ü) the effect
for the conflict:
on the client; and
preli narily,
client
(i) the solution or relief desired by the
of the problem in the light of
He should have clear idea the to the
concerns and desired solutions. If the advocate could not get clues
above issues, he should question the client and clear hhis doubts.
clients
9. CHRONOLOGICAL ARRANGEMENT OF FACTS
While interviewing the advocate should know which fact follows which
and he should be clear about the Occurrences through chronological order
of the facts. If there are gaps, the advocate should question the client and
get information and record it in an organised way.
10. FRAMING THE LEGAL ISSUES

The information given by the client may not be sufficient toframe

applicable
legal issues from his interview he should be in a position toidentify issues
and ethical
legal and non-legal issues, and also substantive, procedural,
PLIH,
C h2
. ) Interviewing Techniques 167
thatariseout ofclient's problems. If sufficient legal or factual information
should further ask
he
lacking,
Ifthe informationquestions
thelegalisssues. is foundtotobebeable to identify
sufficient, the legal points
or evaluate
is evaluated. The
deficiencies
in available facts
obtaining them by further should be identified
be
should by
made good
and
be

11. ENDINGTHE questioning.

has
INTERVIEW
Afterthe
client narrated everything
thetemppoof his narration slows down. he wanted
The advocate to tell,
should verify all the
answerS have been elicited or not. He
generally,
needed
documentproduced by
the client should examine every
carefully. In spite
astothe contents of the document so produced, theof adyocate
the clieu's
should read
the documents himself and form any opinion on the basis of his own
statement
examinationthereof.
useful to
Itis generally review the important points discussed before
closingthe interview. If the factual and legal
the
clientis considered to be
sufficient, information,
the relevant law to the facts gathered from
collected
thenthethe client and thereafterfromhe
advocate should apply
should give his advice. He should make honest and fair appraisal of the
chances of succeSS of the case
and advice the client
the
client asks him to proceed
according accordingly. When
to the law, finalize
rules of Bar Council of India the fee and
follow the rellating the Advocate's duty
to
towards the client
 MOOT COURT,
EXERCISE
AND INTERNSHIP

By
Dr. S.R. MYNENI

Foreword by:
Prof. T. VIDYAKUMARI

SLCLIlbrary Blr
2nd Edition

340.07 MYN 019710

ASIA LAW HOUSE

SINCE 1965