“I’ve learned that people will forget what you said, people will forget what you did, but people will never forget how you made them feel.” – Maya Angelou

Let this be your guiding light as you navigate how to build rapport with witnesses.

Investigations are fact-finding missions, and witness interviews are ground zero in evidence gathering.  Therefore, it is essential to build rapport with witnesses in order to obtain critical, complete, and reliable evidence.  There are some simple strategies you can employ to develop rapport with the witnesses you interview.

Consider the interviewee’s state of mind. 

As investigators who conduct witness interviews on a daily basis, we may forget that we are often interviewing people who have never participated in an investigation.  They are likely to feel stressed about the prospect of being interviewed and may be confused about what role they have to play in the investigation.  Needless to say, Complainants and Respondents are vested in the outcome of the investigation.  Witnesses may also have a lot at stake by participating in the investigation.  They may want to provide information but feel fearful of retaliation.   If interviewees do not feel at ease during the interview, you are unlikely to obtain the information you need to conduct an adequate investigation.  Being cognizant of the likely state of mind of the interviewee is a first step in establishing rapport. 

Break the ice. 

There are simple initial steps you can take to put a witness at ease.  Greet the witness warmly and professionally upon their arrival and shake their hand.  (If you have a very strong handshake, consider releasing the grip a bit so as to not unintentionally intimidate the witness.)  After the initial greeting, do not rush the start of the interview by immediately directing the witness to their chair and diving into your questions.  Make some small talk unrelated to the investigation to attempt to alleviate the witness’ anxiety.  Choose neutral topics, such as the weather or your respective commutes, or whatever other appropriate subject that comes to mind that may serve as an icebreaker.

Explain your role and the process. 

Do not assume the witness understands your role or the investigative process.  Instead, you should assume that most witnesses have been told little to nothing before the interview about the nature of the allegations and the reason for the interview.  Provide the witness with enough information at the outset of the interview about the nature of the allegations.  This will enable the witness to understand why they are being interviewed and to provide useful information.  It can also be helpful to provide the witness with a roadmap of what they can expect during the interview so they are not guessing and worrying about what will happen next.  You should also be transparent and answer the questions the witness has related to the interview and investigative process.  Emphasizing your role as a neutral investigator and the fact that you are not an advocate for any particular person involved in the investigation, and do not have a stake in the outcome of the investigation, is also an effective way to develop rapport.

Spend more time listening than talking. 

The witness will feel more comfortable disclosing information if they feel valued and heard.  In order to show you value the witness, you should spend much more time listening than talking.  Strive not to interrupt the witness in the middle of a response.  Allow the witness to provide a narrative response and follow up after they have completed the narrative if you need additional information.  Be patient and do not rush the interview.  Your patience will be rewarded with a wealth of information that may not be forthcoming if you conduct the interview in an authoritative, directive manner. 

Treat the Respondent with as much respect and professionalism as you do the Complainant and witnesses. 

Some investigators make the mistake of treating the Respondent interview as an interrogation.  Such an approach will understandably cause the Respondent to view the investigator as having already made up their mind about the allegation without first allowing the Respondent the opportunity to provide their response.  You will be far more likely to obtain complete, useful, and reliable evidence by according the Respondent respect and allowing them to fully respond to the allegation without interrogating them and behaving in a hostile, adversarial manner.  It is possible to probe any inconsistencies in a neutral, professional, non-confrontational manner after the Respondent has been provided the opportunity to respond fully to the allegation.  For example, instead of asking, “Why did you take that action?” opt for a less adversarial approach with, “Help me understand what led you to take that particular action.” 

Check your biases. 

As human beings, we all have potential biases that may influence how we approach an interview.  It is essential to be cognizant of any biases we may have so as not to compromise our ability to obtain valuable evidence.  It is not just what we say that can reveal bias.  Our body language and tone of voice can also display bias.  For example, you may be conducting an investigation of a sexual assault allegation.  Based on the Complainant’s allegations, you may find yourself forming a negative opinion of the Respondent before you even interview that person.  Be conscious of that possibility and remind yourself that your role is to determine whether the alleged conduct occurred based on the totality of the evidence, which means you must approach the Respondent in a non-judgmental manner to obtain the information you need to make a fair determination.

Demonstrate empathy. 

Witnesses, especially the Complainant and Respondent, are likely to have strong emotions connected to the investigation.  In order to obtain all the pertinent information, allow witnesses to express their feelings and concerns and respond with empathy.  In showing empathy, the investigator must be careful to acknowledge, but not agree with, the witness’ feelings in order to maintain their neutrality and professional boundaries.  For example, you should not say, “I’m sorry this happened to you” to the Complainant.  That implies you are agreeing the alleged conduct occurred while still in the midst of the investigation.  However, it is appropriate and empathetic to say something like, “I see this is difficult” when a witness is expressing strong feelings.  That demonstrates empathy toward the witness without betraying neutrality.

If you consistently employ these techniques in all your interviews, you will successfully build rapport with witnesses which will allow you to conduct a fair and thorough investigation and reach reasoned conclusions.

Nikki Hall is a Managing Partner of Van Dermyden Makus Law Corporation and heads up the firm’s San Rafael office. Having specialized in employment law since 1996, Nikki has represented both employers and employees.

The foregoing is for informational purposes only and is not legal advice, nor should it be construed as such.