Witnesses often have motivation to speak or motivation to provide witness interviews. Discuss some of the different motivations for a witness to speak and the impact those motivations have on the paralegal’s interview.
What will be an ideal response?
Ego satisfaction—Some witnesses want their egos satisfied through public recognition of
their knowledge or willingness to testify. The interviewer should recognize that this is for
attention and/or recognition and treat the witness in a professional manner.
Desire to be liked—Some witnesses will provide an interview out of a desire to be liked or a
need to please others. This often causes witnesses to say things they believe the interviewer
wants to hear. Their responses are calculated to provide what they believe is expected, and
they assume they will be liked for these responses. It is best to use the six interrogatories—
who, what, when, where, why, and how—to ensure the witnesses respond with narrative
answers.
Extrinsic reward—Some witnesses will speak for personal gain or a reward such as money.
The paralegal must advise the witness that any decision concerning an offer of money must
be made by the supervising attorney. It is unethical to buy testimony or information.
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