Answered Before Asked: How Interview Preparation Can Pay Dividends
February 2011
IN THIS ISSUE
— Probing Histories Leads to Probing Questions
— How History can Affect the Present: The Importance of the Deep Dig
GREETINGS!
Welcome to the February edition of our newsletter! In this issue, we’ll examine how extensive pre-interview research can enhance the actual question-and-answers sessions, from employee interviews to witness depositions.
PROBING HISTORIES LEADS TO PROBING QUESTIONS
There is no question that much of the skill in conducting an interview lies in the interviewer’s unique skill set: an ability to read body language, pauses and other nonverbal cues, cross-reference that data instantly with the answers being provided, and formulate the next question, often in a matter of moments. This complex task makes the information gathered by the interviewer before the actual interview all the more crucial.
The types of information necessary for pre-interview due diligence can vary somewhat based on the particulars, but many of the same rules apply universally. In a scenario where questioning an employee suspected of embezzlement, for instance, in addition to analyzing public records for a history of a pattern and practice concerning payment of household finances, a researcher should also analyze accounts payable records, cash register logs and other company records. When interviewing someone for the purposes of obtaining a judgment, often it will be necessary to assess the subject’s net worth to the extent possible via public records, including public company filings, news articles about private company activities, and other sources.
HOW HISTORY CAN AFFECT THE PRESENT: THE IMPORTANCE OF THE DEEP DIG
Each of these scenarios have one common element: the depth of information required is extensive. The witness or interviewee will often, although not always, have consulted with counsel prior to questioning, having been coached in methods of answering, as well as having reviewed whatever records are available to them. Thus, in the battle of wits, arming an interviewer with information that may seem obscure or outside the scope of recall for a subject, no matter how sophisticated, can yield great advantages. If an interviewee is a businessperson with several privately held companies, for instance, researching each company’s history of real property ownership might yield related party transactions between the company and the interviewee or his spouse. In all likelihood, if such a transaction occurred five years ago, it would not be at the top of the subject’s mind — he might not have thought to disclose it to counsel beforehand — but could give the interviewer an ability to control the direction of the interview and elicit more forthcoming answers than he might otherwise obtain.
When thinking about an individual witness in somewhat generic terms, we have found success in researching real property records, litigation, news articles and even other asset information, such as watercraft and aircraft, in obtaining useful information prior to an interview. A thorough pre-interview research memorandum — often supplemented by a concise yet detailed executive summary — can enhance an interviewer’s ability in the moment, during the parry-and-thrust of the interview itself, to act as one of the most powerful weapons in an interviewer’s arsenal.