How to Address The 4 Most Common Witness Objections to Being Interviewed

Have you ever reached out to a witness to interview her only to be rebuffed?

Most witnesses that you contact will agree to be interviewed. After all, most people like to be heard, and to be helpful.

But sometimes a witness objects to being interviewed. How you address those objections can mean the difference between a successful witness interview, and one where you walk away empty handed.

During the 30+ years that I conducted witness interviews, I certainly had my share of witnesses who refused to be interviewed. That happens. But there were many more that initially objected to being interviewed, but following some discussion consented to the interview.

The Four Most Common Witness Objections

So what are the most common objections to being interviewed that witnesses will raise?

•  I don’t have the time to be interviewed.
•  I don’t want to be involved.
•  I don’t know anything about it.
•  I’m afraid for my safety.

Of these four objections, fear for safety is the most difficult to overcome, and that’s completely understandable. But all four are workable with the right approaches.

How to Address the Lack of Time Objection

Perhaps the most common of all objections, the lack of time is also the easiest to address.

It was my practice after introducing myself to a witness to ask her “have I caught you at a good time?”

I did this for a couple of reasons. To show respect for the witness and her time, and also to flesh out the lack of time objection. When asked that question, the vast majority of witnesses will respond affirmatively, and the interview can commence.

However, if the witness responds “no”, then you need to flesh out the merits of that no.

If the witness says, I have to run my kids to soccer practice or I’ve got to get to work. Respect that. And simply say, “I don’t want to make you late, what is a better time for you?” 

Most will commit to a time.

If the witness responds generically with, “I’ve just got a lot of stuff to do” without giving you something specific, then an effective response is to acknowledge that, but then to say, “this will just take a few moments”. Most witnesses will say ok at that point. 

If they remain silent, then just start off with your first question and go from there. Get to the heart of the interview quickly, and then if the opportunity presents itself, slow down the interview, and build some rapport.

How to Address I Don’t Know Anything

Witnesses don’t know what information is important to your theory of the case. You do. So when a witness says they don’t know anything, it’s up to you to get focused quickly on where you need to take the interview.

Unless they are completely removed from either the parties involved in the litigation, or the incident itself, most witnesses crop up on your interview list for a reason. 

They have some info. So they really do know something.

When a witness says that she doesn’t know anything, unless you are conducting a canvass of the area regarding a specific incident in which case it could be true, it’s likely a brush off.

I usually responded with, “great! Then this will only take a few moments”, and commenced the interview right there. If the opportunity occurs to slow the interview down because the witness relaxes into the process then do that and build some rapport. If not, cover what you need to cover and move on.

How to Address the I Don’t Want to Get Involved Objection

There are two different types of circumstances where you’ll hear this objection. One, involving fear (see below), which will surface with some prodding, is legitimate. The other is more likely to be a brush off. 

When it’s a brush off, I like to bring up the difference between being subpoenaed to court or a deposition vs the informal nature of chatting with me. To do so, I create a visual picture.

Getting subpoenaed is far more burdensome on them. It’s much more intrusive too. They’ll have to take off from work. They’ll possibly have to go downtown where parking is a hassle. They’ll have attorneys from both sides questioning them, court reporters documenting what they say, etc.

Whereas having a low key conversation with me is much faster, and less disruptive. It's also much less formal.

Most people when given the contrast, opt for the less burdensome and formal approach.

Addressing the I’m Afraid Objection

Of all objections, this is the most serious and difficult to address. If someone is fearful for their safety, you have to respect that. Don’t dismiss her concerns, or make promises about protecting her safety that you can’t possibly carry out. 

Respect her fear. Show empathy towards her and the situation she finds herself in. Make sure that she knows you realize she’s in a difficult place.

Yes, you could threaten her with a subpoena, but what good will that do? It will cause resentment since you very well could put her in harms way. And how helpful will a witness be who is angry at your for exposing her to risk? Not very.

In this case, if she sticks with not wanting to be interviewed, ask her if it’d be ok if you check in with her again. I call this pleasant persistence. Let her balance out the desire to help with her own fears, and just keep checking in with her.

In most cases, this approach will work. But, it can take a long time, so don’t try to force it. Be patient.

If you’d like to learn more about how to conduct effective witness interviews check out my free guide, 6 Steps to Conducting More Effective Witness Interviews. And if you’d like to learn how to improve your firms case preparation investigations so you can maximize your case outcomes, check out my eBook Effective Litigation Investigations.