Answer to Question 1
A witness statement should contain the following:
Name, address, and phone number of the witness.
Name, address, and phone number of witness's employer or place of business.
Witness's interest, if any, in the outcome of the claim.
Name of the interviewer and law firm or attorney for which the claim is being investigated.
Date, time, and place of the interview. Nature of the event observed by the witness. Date the event was observed.
Witness's description of the event observed. Attestation clause.
Witness's signature.
Answer to Question 2
As a legal investigator, your goal is to elicit as much relevant and reliable information as possible from each witness about the event that you are investigating. When you are asking questions as a legal investigator, you should phrase your questions so that they lead to the most complete answer possible. Investigative questions should thus be open ended rather than call for a yes or no answer.
Also, questions should not be phrased to assume facts. Rather, they should make no assumptions and convey no information to the witness that may influence his or her answer. Generally, the less the witness knows about other witnesses'
descriptions, the better, because those other descriptions could influence the witness's perception of the event. You want to find out exactly what the witness observed, in his or her own words.
Other techniques in questioning witnesses are to use good interpersonal skills, questioning skills, and listening skills, as in any other type of interview.
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