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Mean number of words spoken by questioner per utterance type as a function of examination type and lawyer type.

Mean number of words spoken by questioner per utterance type as a function of examination type and lawyer type.

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Article
Full-text available
The questioning practices of Canadian lawyers were examined. Courtroom examinations (N = 91) were coded for the type of utterance, the assumed purpose of the utterance, and the length of utterance. Results showed that approximately one-fifth of all utterances were classified as productive for gathering reliable information (i.e. open-ended, probing...

Context in source publication

Context 1
... No other meaningful differences in length were found for the remaining utterance types (all other ds < 0.11; see Table 4 for further breakdown). ...

Citations

... those that start with tell, explain, or describe; Fisher & Geiselman, 1992;Griffiths & Milne, 2006;Milne & Bull, 2003; but see Farrugia & Gabbert, 2020, for findings relating to the challenges of asking such questions to individuals with learning disabilities or mental health issues) allows respondents to have complete control over the information provision process, which can lead to the provision of unanticipated information and reduces the likelihood that the respondent's account will be tainted by the phrasing of the question. Open-ended invitations have been shown to generate more information than all other question types (Lively et al., 2020;Milne & Bull, 2003;Snook et al., 2012). A probing question (i.e. ...
... Clifford & George, 1996;Loftus & Palmer, 1974;Loftus & Zanni, 1975; see Loftus, 2005, for a review). Aside from the detrimental impact that such questions have on the quality of provided information, responses to these types of questions are also relatively shorter than those elicited using open-ended and probing questions (Lively et al., 2020;Snook et al., 2012). ...
... Other types of non-question utterances used in information-gathering interviews that have not been extensively studied include opinions, commands, statements, and facilitators. Opinions involve the questioner providing their personal beliefs or viewpoints and could potentially induce the respondent to integrate this information into their response (Lively et al., 2020). Commands simply occur when the questioner requests that the respondent do something (e.g. ...
... Concerns, Critiques, and Remedies. Despite the ubiquity of this genre of interviewing in case study research, there is perhaps a certain irony in the notion of "courtroom questioning," as a means to capture the truth, because in real life, courtroom questioning by lawyers is often clearly aimed at getting a witness to present events in a light which might favor the cause being prosecuted or defended (Lively et al., 2020). Thus, researchers may, without realizing it, orient respondents to the answers they seek, especially given the difficulty of following an interview guide in a machine-like way. ...
Article
Qualitative methods have played and are likely to continue to play an important role in scholarship on organizational development and change. One key data source dominates all others, however, in the qualitative lexicon: the one-on-one interview. This has become so common as to seem almost banal and taken for granted. And yet, the interview is actually a very complex phenomenon where many different things may be going on. This essay attempts to elucidate some of this complexity by identifying five different genres of interviewing, each with its specific ontological assumptions and purposes. We identify and illustrate specific techniques and practices associated with each genre, and offer suggestions for further development, while inviting researchers to think through more carefully what interviews can and cannot deliver, and how they can be made meaningful.
... When judges are put in the position of being the primary examiner (i.e., per curium), their questioning practices trends are similar -albeit, to a lesser extent -to those of lawyers. 8,10 Utterance and response lengths echoed results reported elsewhere. 6,8,10 Open-ended questions generated the most information from witnesses. ...
... 8,10 Utterance and response lengths echoed results reported elsewhere. 6,8,10 Open-ended questions generated the most information from witnesses. ...
Poster
Full-text available
Questioning practices of judges were analyzed. Most frequently asked questions to witnesses were clarification and closed yes/no. Per curium (vs. direct and cross) examinations contained significantly more closed yes/no questions, and significantly more multiple questions (vs. direct). Open-ended questions generated the longest responses from witnesses. Implications are discussed. Les pratiques d'interrogation des juges ont été analysées. Les questions les plus fréquemment posées aux témoins étaient des éclaircissements et des questions fermées oui/non. Les examens per curium (vs. directes et croisées) comportaient beaucoup plus de questions fermées oui/non, et de multiples questions (vs. directes). Les questions ouvertes ont généré les réponses les plus longues des témoins. Les implications sont discutées.
Article
Existing models of the information behaviour of various liberal professionals, especially lawyers, lack currentness. They do not adequately represent the full scope of how these professionals de facto attain information in their occupation. Without clarity about the contemporary information-gathering practice of liberal professionals in a workplace setting, scholars, technology entrepreneurs and policy makers might be relying on partial or outdated grounds, and the ability of the information specialists to provide an effective service for their patrons might also be hindered. With a focus on legal professionals, as they have experienced noteworthy changes in their occupation, purposive sampling was applied, and 20 semi-structured interviews were conducted with practising lawyers in Israel. Participants were nationwide and ranged over 30 different areas of legal practice, with a fair diversity of other professionals and personal traits achieved. The content analysis revealed four distinctive forms in which lawyers in Israel gather information within the contemporary legal practice: (a) self-executed information-seeking, (b) mediated acquisition of information, (c) information discovery and (d) combined information-gathering – which in all compile 10 different habitual strategies of gathering information in their professional work. Finally, the study suggests a revised, integrative and inclusive model that provides a more accurate and profound understanding of legal professionals’ information-gathering practice. This comprehensive and current framework may serve as an insightful guide for understanding other information-rich liberal professions.