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By: Michael A. Morse
Internal investigations are critical to protecting organizations from legal, regulatory, and reputational risk. They help determine whether a violation of law, regulation, or policy has occurred, and they inform decisions about remediation, discipline, and control enhancements. Among the various tools available to investigative teams, witness interviews are often the most impactful in establishing the facts. Yet many in-house counsel and compliance professionals receive little training on how to conduct them effectively. Poorly executed interviews can compromise fact-finding, undermine credibility, and squander opportunities to mitigate risk. This article outlines practical, field-tested best practices for conducting effective witness interviews in internal investigations.
Recognize that all witnesses are not alike
Every witness brings a unique combination of role, perspective, knowledge, and emotion. A one-size-fits-all approach will fail. Before the interview, invest time to understand the witness’s position, reporting lines, tenure, and involvement with the issues at hand. Review the organizational chart, recent performance changes, and any publicly available information, such as a LinkedIn profile. Consider how the witness’s function and incentives may shape their understanding of events. Tailor your approach to the witness, adjust your pace, tone, question framing, and level of detail to meet them where they are. The goal is to elicit accurate, complete information, and that requires adapting your style to the person in front of you.
Choose a time and place that prioritizes comfort and discretion
Logistics can materially influence candor. Schedule the interview at a time and in a location that reduces anxiety and interruption for the witness. Avoid clustering interviews back-to-back in the same room, which can telegraph the existence and scope of the investigation and deter openness. Select a quiet, neutral, and private setting; virtual interviews should be conducted on secure platforms with camera use to facilitate rapport and nonverbal assessment. Be mindful of who sees the witness enter or leave the interview space, and, where possible, stagger timing to preserve confidentiality and reduce speculation.
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Compliance Today February 2026 Reprinted with permission. Copyright © 2026 by Society of Corporate Compliance and Ethics (SCCE) & Health Care Compliance Association (HCCA).