Ever wonder whether someone was telling you the truth, especially the whole truth? Chances are your instincts were right: in every kind of investigation, witnesses can distort the truth by, for example, omitting relevant information, knowingly providing inaccurate facts or deliberately mischaracterizing events/conversations. For some investigators, lying is crazy-making. For investigators trained to detect and exploit it, however, lying is extremely enlightening and can help quickly focus their investigation. Fortunately, over decades the fields of counseling psychology and law enforcement have developed specific tools to evaluate, and even test, witness credibility in the investigative process, without useless lie detector machines or “enhanced interrogation methods.”
This dynamic course examines
- The differences between and uses of an “interview” and an “interrogation”;
- How to evaluate witness baseline communication style;
- Common verbal and non-verbal cues indicative of mendacity;
- Effective uses of “test” and “baiting” questions;
- Electronic methods to verify witness credibility;
- How to exploit lying in the investigative process to yield appropriate, legally compliance employment outcomes; and finally,
- How to document factors indicative of credibility or mendacity, instead of simply saying “I found the witness credible.” But why?
With these new tools, HR professionals and employment lawyers can conduct more thorough workplace investigations, even depositions. Instead of accepting witness testimony at face value, this course gives investigators new instruments to gauge credibility. Indeed, these tools effectively break through layers of manipulated witness information, thereby exposing the reality of “what really happened,” at least as far as any investigator can reconstruct in retrospect. More important, these tools also help build legally defensible employment outcomes especially in the event of litigation.
Please join Merrily Archer, Esq., M.S.W. for this dynamic program. Merrily is admittedly a “unique” attorney (i.e., freak of law). Merrily holds a Master’s in Social Work from the top-ranked Washington University in St. Louis, with advanced coursework in human behavior, counseling foundations, and cognitive behavioral therapy; Merrily also has completed advanced training in examination techniques from the National Advocacy Center in Columbia, South Carolina, from John Reid & Associates (“the Reid Technique”), and the National Institute of Trial Advocacy (NITA). As a litigator at the EEOC and Biglaw defense firms, these counseling and law enforcement tools and insights proved invaluable in examining witnesses in investigations and depositions. Merrily is excited to share these tools with you.