Interviewing and Counseling Skills for Lawyers

Client Interview is a  process (verbal or written communication) of eliciting relevant information from clients and witnesses. It is better described as the art of extracting necessary facts or information by means of questioning. On the other hand, Counselling involves giving legal opinion based on facts relayed by the client. It aLao involves the art of proffering advice for solving a particular problem.

 

A Client Interview is necessary for the following:

• To get detailed information concerning an issue or matter.
• To help the lawyer offer proper legal advice to the client concerning the matter based on the information received.
• To get information that will help a lawyer analyze the legal issue presented by the client.
• It also helps the lawyer pick the best option to solve the client’s issue
• To alleviate the Client’s anxieties and concerns over the matter.
• To establish an attorney-client relationship.

 

Skills and Ethics during client interview and counselling

The following are required skills and ethical positions for a perfect and successful client interviewing and counseling session.

• Good verbal communication skill is required
• The components are vocal, verbal and visual
• Client interview should be done in a law office. Rule 22 RPC
• Client should be assured of confidentiality with respect to the facts extracted. Lawyer owes client a duty to keep in confidence the facts extracted except under the exceptions. Rule 19 RPC
• Lawyer should avoid all manner of distractions during client interview.
• Lawyer should be patient and attentive.
• First impression counts, good dressing, demeanor, confidence, etc
• Legal advice should be given based on the legal analysis of the problem.
• Lawyer should not make a decision for the client, but assist the client in making informed decisions.
• Lawyer should respond appropriately to any ethical and moral issues that may arise during client interview: Rules 15 (1) (2) (a) RPC.
• Client interview should be concluded effectively with a feeling of reasonable confidence and understanding.
• Notes should be taken during client interview if there is no recording device.

 

 

Interview Plan (model)

Advantages

1.It helps the lawyer organize his thoughts and so give maximum attention to the client.

2. It helps the lawyer to follow a logical pattern in conducting the interview.

3.It ensures that all the vital areas are covered in the course of the interview.

4. It projects the lawyer as organized and competent.

Disadvantages

• It may interfere with the flow of communication.
• It may restrict the client from divulging some information.

Stages of client interview

1.Preparation for the interview

2.Starting the Interview (meet and greet)

3.Telling  the Story Stage

4.Information gathering(questioning stage)

5.Analysis

6.Closing the interview

 

Types of Questions

There are two major kind of questions involved in a client interview process.

1. Open Questions: These do not demand a specific answer and they allow the client to narrate the fact in their own words
2. Closed Questions: These questions usually demand ‘yes’ or ‘no’ answer or a specific response.

Advantages of Open Questions

• It encourages the Client to open up and give more details.
• Enables the client discuss areas that are very important to them.
• It encourages recall by the client.
• The client feels at ease an discusses sensitive and difficult issues.
• It gives the interviewer an opportunity to observe the client and assess him.
• It enables the interviewer know the most important goal of the client.

Disadvantages of Open Questions

• It can encourage rambling.
• It may not provide sufficient details of the facts to the interviewer.
• An open question may confuse a client.

Advantages of Closed Questions

• The provision of specific details of the facts already narrated by the client.
• It helps in directing a client to the information required by the interviewer.
• It also assists the client in recalling specific events connected to his issue.

Disadvantages of closed Questions

• It may lead to interrogation and not interviewing.
• Failure to ask key questions may lead to loss of valuable information.

 

•Stages/Models of Client Interview

•Clay and Smith

•Propounded 7 (seven) stages which are

1.Preparation for the interview.

2.Commencement of the interview

3.Appreciation of the client‘s problem from the facts.

4. Identification and evaluation of the legal remedies available to the client.

5.Taking Instructions from the client.

6.Closing the interview.

7.Reflecting on the conduct of the interview.

 

•Avrom Sherr

• Propounded 3 (three) broad stages consisting of 13 (thirteen) points. The three broad stages are:

1.Listening

2.Questioning and

3.Advising

 

•Mike Wolfe

•Propounded 5 (five) stages which are;

1.Listening to the client

2.Analysis of the facts

3.Investigation of the facts

4.Taking decisions on the course of action

5. Implementation of the decision taken

 

Brayrne and Grimes

• Propounded 11 (eleven) stages which are;

• Preparation for the interview
• Connecting or introductory matters
• Establishing legal framework relating to the solicitor is charges
• Listening to the client‘s story
• Identification of legal issues from the facts
• Questioning the client on the facts that have been narrated
• Analysis of the facts
• Summary of the facts
• Handing over to the client to take decisions
• Closing the interview
• House keeping

 

 

COUNSELING

•Counselling involves giving legal opinion based on facts relayed by the client.

•When a lawyer has concluded his interview with a client, the full facts of the matter as narrated by the client are in the possession of the lawyer. After the evaluation of these facts, the lawyer must have identified legal problems which are to be addressed.

•The Client after narrating the facts of the case and answering relevant questions would be expecting some professional advice from the lawyer. The client is mainly interested in having his problem solved or at least in knowing the legal options available to him for solving the problem.

•Professional counselling usually comes after interview.

•Counselling should be directive and client-centered.

•The client should be told of alternative courses of action, ADR options, legal and non-legal implications.

•The Lawyer can tell the client his preferred option but should leave the final decision to the client.

•Lawyer should respect a client’s final decision

•A lawyer should not counsel clients to commit crime, corrupt public officers or commit illegal acts.

•R 15 RPC.

A lawyer should never instigate litigation, and sponsor it with a view to sharing proceeds. Champerty

 

Conclusion

Building a perfect Interviewing and counseling skill set is not done in one day. Every good lawyer learns this with time and this is where experience comes in.