Say What? Best Practices for Interviewing Your Witness Through an Interpreter
A 2020 survey revealed approximately 8.3% of the United States’ population, more than 27 million Americans, self-identified as individuals who speak English “less than very well.”[1] With an increasingly diverse job landscape, odds are you have interviewed, or you will interview, a party or witness who is uncomfortable or unable to communicate in English. Trained interpreters help to assure effective communication and improve the depth and breadth of information obtained. We offer the following tips for interviewing with an interpreter.
1. Confirm Whether an Interpreter is Required.
When scheduling the interview, confirm whether an interpreter is required for the interviewee to participate in his or her interview. Although interpretive services add to the expense of an investigation, an interpreter is critical to ensure the interviewer obtains impartial and accurate information from the interviewee.
2. Hire a Trained Interpreter.
To the extent possible, hire an outside professional interpreter in order to avoid the interviewee’s use of ad hoc interpreters, such as family members, friends, or untrained staff. This is crucial to avoid the appearance of potential bias from in-house assistance. It is also wise, as an outside investigator, to retain the interpreter yourself with the knowledge and consent of the client. That way, you remain in control of the process. Unless an interpreter is certified or otherwise professionally trained, the interviewer cannot be certain how accurately his or her questions are being interpreted. For instance, an ad hoc interpreter may lack the experience and professionalism to accurately interpret sensitive questions of an intimate or sexual nature and may, out of embarrassment, substitute euphemisms. Further, untrained interpreters are more likely to banter with the interviewee, offer advice, and possess mixed motives or personal agendas, all of which could potentially interfere with the nature of the investigation. By contrast, you can be certain a trained interpreter possesses requisite language proficiency. Professional interpreters are required to undergo ethics training. They must understand their legal obligations and their role in proceedings. They are experienced in setting professional boundaries and maintaining neutrality. They possess cultural competency, including an understanding of cultural background, awareness, and sensitivity when communicating with the interviewee. Most major metropolitan areas and U.S. jurisdictions have a certification process in place for interpreters. Your local court is a good place to start when looking for an interpreter. Each jurisdiction typically maintains a database of certified professional interpreters in your area. Although in-person interpreting services are preferred, professional interpreters may be also be utilized in videoconference or telephone interviews where in-person engagement is not possible or practical.
3. Establish Rapport and Set Expectations During the Interview.
Take a moment prior to the start of the interview to introduce yourself to the interpreter. During this time, you can ensure the interpreter understands that they are to interpret the interviewee’s statement into the first person to avoid “he said, she said.” Confirm that you expect the interpreter to translate exactly what is said during the interview in real time and avoid side conversations with the interviewee. Finally, acknowledge the interpreter is a professional in communication and respect his or her role.
4. Consider Where to Position the Interpreter.
It is generally best to arrange the interview such that interpreter is seated beside you, as this lends to a more natural communication style with the interviewee. Avoid bookending the interviewee between the interpreter and yourself, as it will cause the interviewee to pivot his or her head back and forth during the interview, which can impede your ability to establish rapport with the interviewee.
5. Maintain a Calm and Measured Pace.
During the interview, maintain appropriate eye contact and communicate directly with the witness. Attempt to speak slowly in an even pace and pause, where appropriate, to allow the interpreter to interpret. Be mindful that you may question the witness regarding concepts that have no linguistic or conceptual equivalent in other languages. When this occurs, the interpreter may take longer than your original speech to paint a word picture for the interviewee. Avoid idiomatic expressions, puns, or other wordplay which may not translate well. For example, instead of “pulling your leg,” consider saying, “joking with you.” Never assume your interviewee cannot understand English and never say anything you do not wish to be translated. Finally, be patient. The use of an interpreter will lengthen the time of the interview. The beginning of the interview may feel strained and awkward. There is no doubt conducting interviews through an interpreter poses challenges. Only by remaining calm and measured can you focus on gathering the information you need. In sum, the next time your investigation needs the services of an interpreter, remember these five tips. Your goal in any investigation is to get the best information from the witness. By utilizing these tips in an investigation where an interpreter is needed, you are well on your way there.
Lindsay Ingham is an Associate Attorney with Van Dermyden Maddux Law Corporation. Her practice focuses on conducting workplace and Title IX campus investigations.
[1] https://www.census.gov/library/visualizations/interactive/people-that-speak-english-less-than-very-well.html
The foregoing is for informational purposes only and is not legal advice, nor should be it construed as such.
