Witness Interview

Preparation comes first: the interviewer studies the documents, lists topics and decides the order, usually leaving the most sensitive points until the person has described events freely. Open questions invite a narrative before closed ones pin down detail. Two people attend, one to ask and one to take notes. The interviewer explains the purpose, confidentiality and that cooperation is expected, and does not promise outcomes. Notes are often a summary reflecting the interviewer's mental impressions rather than a transcript, partly to help protect them under privilege. In some countries, counsel opens with a statement, widely known as an Upjohn warning after a US case, telling the employee that the lawyer acts for the company and not for them, and that the company controls any waiver of privilege. Reviewers later look through the file for leading questions, thin notes and any sign that a witness was pressed into an answer.

In a procurement fraud inquiry, a lawyer and a compliance analyst interview a buyer. They explain who the lawyer represents, ask her to describe how suppliers were chosen, and only then show an email chain. The analyst notes the answers, and the buyer reviews her statement for accuracy before the next step.