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Getting the Whole Truth: Interviewing Techniques for the Lawyer [Pehme köide]

  • Formaat: Paperback / softback, 272 pages, kõrgus x laius: 228x152 mm, Illustrations
  • Ilmumisaeg: 07-Mar-2021
  • Kirjastus: American Bar Association
  • ISBN-10: 1641056835
  • ISBN-13: 9781641056830
  • Formaat: Paperback / softback, 272 pages, kõrgus x laius: 228x152 mm, Illustrations
  • Ilmumisaeg: 07-Mar-2021
  • Kirjastus: American Bar Association
  • ISBN-10: 1641056835
  • ISBN-13: 9781641056830
The purpose of an interview is to uncover the truth; the method of uncovering the truth is the art of the interview. Obtaining sufficient relevant information is imperative in everything a lawyer does to protect the interests of the client, yet interviewing techniques are not emphasized in law school training.



Getting the Whole Truth teaches lawyers--from novices meeting their first clients to experienced trial lawyers--effective methods of obtaining information by human interaction. No matter from whom you are seeking information or what your reason for desiring it, these techniques can help you meet and interact with others and effectively gather the facts you need.
Preface xi
Introduction: Cultural Differences, Power Dynamics, and the Art of Interviewing xix
Celeste Fiore
Chapter 1 Interviews in Everyday Life
1(14)
Two People Meet for the First Time
2(2)
Getting the Whole Truth
3(1)
A Manager Meets with a Subordinate
4(1)
Draw the Person Interviewed into Narrative Mode
5(2)
Getting Information from Subordinates
5(1)
Getting Information from Supervisors
6(1)
Two Businesspeople Meet
7(2)
Make a Concerted Effort to Establish Initial Rapport
7(2)
A Chairperson Addresses a Board of Directors
9(1)
A Spouse Returns Home from a Long Day at Work
10(2)
Benefits of Successful Interviewing
12(3)
Chapter 2 The Art of the Interview
15(6)
Interviewing Is an Art Form
15(2)
Beware the "Expert" System
17(2)
The Human Expert
19(2)
Chapter 3 General Principles
21(18)
The Need to Treat Different People Differently
21(1)
It's Hard to Lie Consistently
22(3)
Recognize Internal Inconsistencies
25(1)
Creating Order in the Interview
26(4)
The Person Interviewed
26(2)
The Interviewer
28(1)
The Interview Topic
29(1)
Be Confident---But Not Overconfident
30(1)
Interview Corroboration
31(1)
Body Language
32(2)
Control of the Interview
34(1)
Disclose as Little Information as Possible
35(1)
Exploit the Subject's Need to Be Flattered
36(1)
Controlling the Interview: A Summary
37(2)
Chapter 4 The Interviewer
39(20)
The Need to Learn Continually
39(1)
The Power of Observation
40(1)
A Caveat
41(1)
The Actor's Craft
41(1)
Prejudice Blocks the Truth
42(1)
The Interviewer Who Is Not Objective Has Failed Before the Interview Begins
43(1)
Demeanor of the Interviewer: Always Remain Calm
44(1)
Maintain Perspective
44(1)
Have Faith in Your Abilities and in the Process
45(1)
The Effective Interviewer
45(1)
Qualifications of an Interviewer
46(2)
The Interview Is a Sales Presentation
48(1)
Salesmanship for the Professional Interviewer
48(4)
Sell Yourself Thoroughly on Your Product
48(1)
Like the Customer
49(1)
Establish Rapport
49(1)
Compliment the "Customer"
50(1)
Cultivate the Right Attitude
51(1)
Sell Yourself First
52(1)
Six Key Interview Questions
53(3)
Who?
53(1)
What?
54(1)
Where?
55(1)
When?
55(1)
Why?
55(1)
How?
56(1)
Other Ways of Getting Answers
56(1)
Physical Evidence
57(2)
Chapter 5 Preparing for the Interview
59(8)
Before the Interview Begins
59(1)
Preparation
59(1)
Gathering Necessary Background Information
59(1)
Information Sources: Where to Start
60(1)
Other Sources
61(4)
Neighbors
61(1)
Insurance Agents or Brokers
62(1)
The Insurer's Inspection Service
63(1)
Accountants and Bookkeepers
63(1)
Shopkeepers and Tradespeople
64(1)
Have a Plan
65(1)
Listen
66(1)
Chapter 6 Conducting the Interview
67(14)
The Importance of a Good Opening
67(3)
Keep It One-on-One
70(1)
Introducing the Interviewer
70(6)
Use Titles Sparingly
70(1)
Address the Person Interviewed Strategically
71(1)
Appear Amiable but Firm
72(1)
Never Lose Your Temper
73(1)
Be Alert, Observe, Determine Action
74(2)
Misdirection and Indirect Questioning
76(1)
Delivery
77(1)
Word Choice and Phrasing
77(1)
The Backhanded Compliment
77(1)
Make Only Promises You Can Keep
78(3)
Chapter 7 Control
81(14)
Rapid-Fire Questioning to Effect Control
82(2)
The Formal Interview
84(1)
The Home/Workplace Interview
85(1)
The No-Comfort Zone: The Police Interview
86(2)
Different Procedures: Civil Investigation
88(1)
Use of a Second Interviewer
89(1)
Approaches for a Second Interviewer
90(2)
The Accusatory Approach
91(1)
The "Good Cop/Bad Cop" Technique
92(1)
Time Is Tortuous
92(3)
Chapter 8 Dealing with Types
95(4)
Changing the Subject's Emotions
95(1)
The Highly Emotional Person
95(1)
The Guilt-Bearer
96(1)
The Joker or Wise Guy
97(1)
The Cool Customer
98(1)
Chapter 9 Approaches That Work
99(16)
The Silent Approach
100(1)
The Fishing Approach
101(5)
Direct and Indirect Accusation Approaches
106(2)
The Betraying Accomplice Approach
108(1)
The Incompetence Approach
109(1)
The Appeal to Pride Approach
110(1)
The Degrading Approach
111(1)
The "We All Make Mistakes" Approach
111(1)
The Amused Approach
112(3)
Chapter 10 Dealing with the Nervous Person
115(16)
Behavior Patterns
116(3)
The Sartorially Obsessed
117(1)
The Gulper
117(1)
The Person with an Insatiable Thirst
117(1)
The Muscle-Spasm Sufferer
118(1)
The Fidgeter
118(1)
The Statue
118(1)
The Amnesiac
119(1)
Nervousness, the False Positive
119(1)
"Nervous" Statements to Watch Out For
120(3)
"My Blood Pressure Medicine Affects My Memory"
121(1)
"What Would My Family Think of Me?"
121(1)
"Who, Me?"
122(1)
"I Was Brought Up Strictly; I Would Never Lie"
122(1)
Counter-responses for Interviewers
123(8)
The "You Have a Motive" Response
123(1)
The Shared-Faith Response
124(1)
The "You Remind Me of My Brother" Response
125(1)
The "I Would Probably Have Done the Same Thing" Response
125(2)
The "Lots of People Have Done What You Did" Response
127(1)
The "Be a Man" Response
128(3)
Chapter 11 Bluffs
131(4)
Inferences and Implications
132(1)
Keep It Simple
133(1)
Don't Bluff without Some Factual Support
133(1)
The Threatening Bluff
134(1)
Bluffing: Always a Last Resort
134(1)
Chapter 12 The Interview
135(4)
How Long Should an Interview Last?
135(4)
Physical Condition of the Subject
135(1)
Topic of the Inquiry
136(1)
The Subject's Reaction
136(3)
Chapter 13 The Mutability of Memory
139(16)
Lies and Memory
140(2)
Piaget and Implanted Memory
142(2)
False Memory Syndrome
144(1)
Memories Created by the Interviewer
145(4)
Confabulation
149(3)
Memory Distortion
152(3)
Chapter 14 False Beliefs
155(8)
Jack Hamilton: Assuaging a Guilty Conscience
155(2)
Freud: The Crypt of Memory
157(1)
My Father: The Insult That Never Was
157(1)
Suggestibility and Children
158(2)
Innocent Deception and Lies
160(1)
Delusions
161(2)
Chapter 15 The Insurance Examination under Oath
163(4)
Taking an Examination under Oath
164(2)
The Role of the Insurer's Attorney
166(1)
Chapter 16 A Summary of the Practice of Interviewing
167(4)
Develop the Art
167(1)
Practice
167(1)
The Scientific Side
168(1)
Demeanor
168(1)
The Proper Perspective
169(1)
Faith and Perseverance
169(1)
Preparation
169(1)
Evaluation
169(2)
Appendix 1 Interview 1: Earthquake Loss
171(6)
Appendix 2 Interview 2: Cross-Examination of Expert on False Memory
177(6)
Appendix 3 Interview 3: Elizabeth Loftus on False Memory Syndrome
183(50)
Direct Examination of False Memory Expert
184(22)
Cross-Examination
206(27)
Appendix 4 Examination under Oath Outline
233(8)
About the Author 241(2)
Index 243
After practicing insurance law for over five decades, Barry Zalma, an internationally recognized and award-winning insurance expert and author, is releasing multiple education books on Amazon.com. Designed to inform special investigation unit investigators, claims people, and coverage lawyers on insurance fraud, the publications leverage key insights and learnings from his 50+ years of practical experience as a claims person and insurance coverage attorney. Zalma has also published numerous articles, blogs, white papers and education courses on a myriad of topics impacting insurance practitioners. As a recognition to his achievements, Zalma received the first annual Claims Magazine/ACE Legend Award in 2016, honoring a lifetime of insurance education. http://zalma.com/blog/claims-legend-award/ 







Barry Zalma, Esq., CFE currently serves as an insurance consultant specializing in insurance coverage, insurance claims handling, insurance bad faith and insurance fraud almost equally for insurers and policyholders. He also works as an arbitrator or mediator for insurance related disputes. Visit http://www.zalma.com for more information and email zalma@zalma.com.







Follow his blog, Zalma on Insurance, which features published digests of interesting appellate decisions relating to insurance coverage, insurance claims and insurance fraud. http://zalma.com/zalma-on-insurance-a-blog/ 







Check in on Zalmas Insurance 101, a videoblog that allows your people to learn about insurance in three to four minute increments. http://www.zalma.com/videoblog 







Look to National Underwriter Company for the new Zalma Insurance Claims Library at www.nationalunderwriter.com/ZalmaLibrary. The new books are Insurance Law, Mold Claims Coverage Guide, Construction Defects Coverage Guide and Insurance Claims: A Comprehensive Guide The American Bar Association. Tort & Insurance Practice Section has published Mr. Zalmas book The Insurance Fraud Deskbook available at http://shop.americanbar.org/eBus/Store/ProductDetails.aspx?productId=214624 or 800-285-2221 and Diminution of Value Damages available at http://shop.americanbar.org/eBus/Store/ProductDetails.aspx?productId=20322697 2. Mr. Zalmas three new e-books were recently added and are available at http://zalma.com/zalma-books/. 







Mr. Zalmas reports can be found on Tumbler at https://www.tumblr.com/search/bzalma on Facebook at https://www.facebook.com/barry.zalma and you can follow him on Twitter at https://twitter.com/bzalma.