Although time-consuming, and therefore considered onerous by
many attorneys, open-ended questions asked during client interviews can often
give you “case-clincher” nuggets.
For example, in the course of asking a client open-ended
questions about how she claimed a poorly executed knee surgery had affected her
life, resulting in one leg being an inch shorter than the other, the client made
predictable statements such as; “I can’t walk for more than 10 minutes at a
time. I limp. I have to have special shoes made.” The attorney asked, almost
offhand, thinking the interview was over, “Anything else?” and his client
blurted out “I can’t carry my baby.” Her “baby” statement became the clincher
that won a far greater award than would otherwise have occurred, according to
post-trial juror questioning.
A great reason to ask “Anything else?” or to inquire, “Tell
me more,” and to listen carefully!
