On September 21, Nick Mongelluzzo published “Internal Investigations: Interviewing Difficult Witnesses” with Lexis as a part of their practical guidance series. The piece was also published in the Intellectual Property Strategist. The following is an excerpt:
In-house and outside counsel conducting witness interviews during internal investigations are likely to encounter many kinds of difficult witnesses: employees who refuse to participate, those who evade questions or provide incomplete responses, and individuals who are hostile or combative. Additional complexities may arise when witnesses appear to have been coached, request personal counsel, are potential whistleblowers, face possible personal exposure, or reside or work in jurisdictions that provide additional employee, privacy, or procedural protections.
These challenges can affect how counsel prepares for, conducts, and documents an interview. Before the interview begins, counsel should consider the witness's obligation to cooperate, any applicable privilege or employee-rights warnings, whether individual counsel or other participants may attend, and whether the interview should be conducted in person or remotely.
Click here to access the article.