Page 16 - Juvenile Practice is not Child's Play

Conducting Three-Stage Fact Interview

Tell the Story

•Counsel should begin by inviting the client to tell the story in his or her own words, with few, if
any, interruptions by the lawyer. This puts the client most at ease and gives the lawyer insight into
what the client thinks is more and less important. It provides a collection of unsolicited details on
which to cross-examine the client later if the lawyer suspects untruth. And it tells the lawyer
something about how the client’s mind works, how the client conceptualizes his or her situation,
the client’s concerns and attitudes, his or her intelligence and verbal ability. There is no sense in
starting to ask questions that may be beyond the client’s comprehension level or entirely at odds
with what s/he thinks and feels the case is all about.

Retool the Story

•Counsel should begin by inviting the client to tell the story in his or her own words, with few, if
any, interruptions by the lawyer. This puts the client most at ease and gives the lawyer insight into
what the client thinks is more and less important. It provides a collection of unsolicited details on
which to cross-examine the client later if the lawyer suspects untruth. And it tells the lawyer
something about how the client’s mind works, how the client conceptualizes his or her situation,
the client’s concerns and attitudes, his or her intelligence and verbal ability. There is no sense in
starting to ask questions that may be beyond the client’s comprehension level or entirely at odds
with what s/he thinks and feels the case is all about.

Capture the Story

•In the third round of the interview, counsel should fill in additional details and elicit explanations.
Counsel should pick up on words used by the client in rounds one and two, asking the client to
explain any terms that are unfamiliar to counsel. Counsel should elicit the names, street addresses,
phone numbers, email and addresses of any and all witnesses to the crime or related events that
happened prior to or subsequent to the crime. If the client is unable to provide a full name, counsel
should seek out any identifying information, such as the witness’s nickname, social-media logo,
place of employment, vehicle s/he uses, relatives, and friends. If the client is unable to provide a
street address or phone number, counsel should ask the client where the witness hangs out or
goes on particular recurring occasions (“goes bowling” or “shops for food,” or whatever) so that
counsel can arrange for the client or a relative or friend of the client to accompany counsel or a
defense investigator to the spot and try to point out the witness. Counsel should also fill in any
omissions or unclarities in the client’s rendition of the events. Counsel can spot the less obvious
omissions by putting himself or herself in the client’s situation and deducing what the client would
be likely to have seen, heard, and felt, as well as by imagining the natural consequences of the
events described by the client.