The Art of Coaxing Out Information

Effective listening requires probing. No one says everything you want to hear in the exact order, depth, and detail that you prefer. You have to ask. No phrase describes the job of questioning better than tickle it out. Questions are a way of coaxing out information that you want or need. In a trial, the question-and-answer format rules the proceedings. Attorneys and the judge can talk to each other in declarative sentences, but all the testimony is presented in the somewhat artificial format of question-and-answer. In court, the purpose of every question should be to obtain specific information. If the question isn’t answered directly, it needs to be asked in another way. The rules in the courtroom are pretty specific; as a matter of etiquette, you should apply similar rules in a business meeting. For example, courtesy prohibits you from barraging the other side with rapid-fire questions; court rules prevent the same thing.
Developing the ability to ask good questions is a lifelong effort. If you have the opportunity to observe a trial, notice that the primary difference between the experienced attorney and the less-experienced attorney is the ability of the former to ask the right question at the right time. Almost without fail, the key question is not a bombastic, confrontational inquiry, but a simple, easy-to-understand question designed to extract specific information. An excellent example of tickling it out occurred in the O. J. Simpson murder trial during the questioning of police officer Mark Fuhrman. Lengthy, softspoken questions led up to the simple query, “In the last ten years, have you used the ‘n’ word?” “No,” the officer replied. “Are you sure?” the attorney asked. “Yes, sir,” Mark Fuhrman responded. There were no fireworks, no victory dances at that point, but the quiet exchange permanently altered the trial. Because Fuhrman’s statement wasn’t true, the defense was able to call witness after witness to impeach his testimony. Eventually, the truth about Fuhrman’s behavior smashed against that statement so explosively that every other piece of evidence was damaged. Fuhrman and all his co-workers were hurt by those brief words so gently tickled out during questioning. About the only place you can regularly see trained people posing careful questions is on the cable channel Court TV. It makes documentary series related to courts and the law, and it airs real trials as they’re happening. Tune in to one of the televised trials where you can see the question-asking process in a carefully structured environment. You can learn a great deal about how to ask questions by watching these court proceedings. Watch and listen as the lawyers ask their questions. Obviously, various attorneys have different skill levels. Some are better than others. Watching these men and women in action sensitizes you to the good and bad aspects of questioning. Okay, I know Columbo is a television show, but the entire series is available on DVD! The famous detective, performed so consistently by Peter Falk, perfectly demonstrates the key skill of a good negotiator: asking really good questions. You will find Columbo using every type of question and listening to the answer. No single source better demonstrates how to ask questions. You can learn much more from Columbo. Study the man. Let him be your mentor as he entertains you. He also has incredible integrity. He sets his goal and never wavers. His steely determination brings victory in the toughest of circumstances.