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!