Six Tips to Conduct Effective Remote Witness Interviews

Conducting investigations remotely is quickly becoming the new standard procedure as both investigators and employees have found themselves routinely working from home. Here are six tips to help remote investigators conduct witness interviews like a pro.

1. Know the technology

Ideally, remote interviews should be conducted via video, at least for the main parties (complainant and respondent). There are many platforms available, such as Zoom, Microsoft Teams, Skype, and FaceTime. Choose an app the witness feels comfortable using. Sending directions regarding use of the app ahead of time (if the witness needs them) can help to ensure an on-time, glitch-free start.

It is also important to ensure that the application is secured against potential hackers or “video-bombers.” Many companies already have a sufficiently secure internal system in place, such as Skype for Business, which should be given preference if available. Otherwise, use a meeting password or the “waiting room” functionality (Zoom) to ensure that only appropriate participants are on the call.

Before starting the video, you should make sure that you know how to use the application’s controls. For example, if you need to share a document with the witness, be sure that you know how to share your screen. And just as importantly, know how to limit the screensharing to the specific documents at issue without sharing other images or information on your desktop of a personal, confidential, or privileged nature.

Finally, given that video technology often provides the ability to record, you should check that this setting is unchecked within the application to avoid creating a recording unless that is your intent. In addition, unless a recording is authorized or permitted, you should confirm with the witness that he or she is not recording the interview.

2. Minimize distractions and ensure adequate privacy

Because both you and the witness are likely going to be at home during the interview, try to schedule the interview for a time when you both will have a private, quiet space available. If you have children, you may need to alert them to your upcoming video call to ensure they do not accidentally interrupt by blasting the television or yelling while playing their favorite video game.

Many participants also have children or partners at home right now. Although you have little control over a witness’ home environment, you should start your interviews by confirming that the witness is comfortable speaking with you in his or her current location. If there are other people around, the witness might not be willing to share sensitive – but highly relevant – details regarding the allegations. If you sense this is the case, ask the witness if rescheduling the interview makes sense.

3. Spend a little more time establishing rapport

It is already difficult to establish rapport with a witness you have never met before, even when you are conducting an interview in person. Doing so remotely can be even more of a challenge. Spend a little more time with “small talk” than you otherwise might. Getting the witness talking about the “easy” stuff, like the weather, is always a good way to get them more comfortable talking about the more difficult issues that you might need to explore.

Also, don’t forget that even though you might be conducting the interview in the informal confines of your home office, it is still important to appear professional and to set a professional tone with the witness. You should continue to dress professionally for the interview, and try your best to ensure the background of your home office is appropriate. Some applications have a generic background setting that can be substituted for your home office background, such as a skyline or landscape. And although some small talk is appropriate to set the witness at ease, you should avoid being too informal or personal, which can undermine the professional nature of the interview and seriousness of the subject matter.

4. Make credibility determinations

Making credibility determinations is already one of the most difficult aspects of an investigator’s job, but it doesn’t necessarily have to be more difficult just because the interview is being conducted remotely and a witness’ demeanor might be harder to evaluate. In fact, an investigator should normally rely on more objective factors anyway, since demeanor can easily be misinterpreted.

You should continue to rely on the DFEH Guide’s more objective factors, including an analysis of inherent plausibility, corroboration, motive to lie, inconsistent statements, etc. These factors are discussed in more detail here.

5. Dealing with attorneys or union representatives

When an attorney or union representative plans to represent a party, additional planning is often necessary. For example, it is a good idea to set up some guidelines at the outset of the interview to minimize the risk of multiple participants accidentally talking over one another. One way is to tell the participants that, after you ask a question, the witness should try to pause for a moment to allow his or her counsel to jump in if appropriate. Similarly, if you believe an issue is likely to elicit a question or comment from the attorney (e.g., an issue that might elicit a privacy or privilege objection), you might proactively discuss the issue with the attorney and deal with any possible objections or concerns ahead of time. Although interruptions by counsel or a union rep during an investigative interview ordinarily should be kept to a minimum and they are not supposed to interfere, being proactive in this way can help instill trust in the investigation process.

Another frequent issue is how to deal with the need for any necessary sidebar conversations between the witness and his or her attorney. There are several ways to handle this while preserving the flow of the interview. For example, you might briefly pause the interview to allow them to text one another and then resume when they have completed their exchange. Or, if a live conversation between them is needed, you can agree to a short recess to allow them to drop off the video and have a brief phone call.

6. Have a backup plan

Sometimes, despite good planning beforehand, Murphy’s Law takes over and something goes wrong. Often, lack of internet bandwidth causes video lag or audio issues. There could be a variety of reasons for this. Sometimes it’s an issue of a home’s limited internet bandwidth, which might be impacted by having several people online at the same time. This is more likely to happen during “school hours” where children might be attending virtual classes. If that is a risk at your house, you may need to schedule your call around your children’s video classroom calls. Sometimes the issue can be quickly resolved by disconnecting and reconnecting the call, or doing a “hard reset” of your modem to reestablish a faster internet connection.

Audio issues can also arise from bandwidth issues or from hardware issues, such as poor microphone quality. If it is hard to hear the witness clearly, suggest that he or she try using earbuds with a microphone, or a headset. Alternatively, consider having a dial-in conference number available so the audio can be quickly switched to phone – just make sure to have everyone mute their microphones on the video call to avoid an echo.

7. Conclusion

Our current “new normal” requires both technical expertise, patience, and sometimes a little creativity, to conduct remote investigations effectively. These six tips should help ensure that interviews can continue during this unique time and help preserve the integrity of the investigation.