Interviewing 1 Flashcards
Two skills?
Client interviewing and completion of attendance note / legal analysis
-Negotiation
-PP and land
-Wills, admin (trusts)
Advocacy-
DR (contract and tort)
Criminal (criminal liability
Advocacy
Case study
45 mins to prepare
15 to present
Client interviewing and completion of attendance note / legal analysis
Email
10 minutes to consider
25 minutes to conduct interview with the client
Then 25 minutes to write by hand attendance note (legal analysis etc..)
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Interviews in legal practice
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Good practice to establish terms of the retainer
Vulnerable clients
Identifying and taking reasonable steps to meet the particular service of all clients, including those in vulnerable circumstances.
Disadvantaged because of factors which affect their access to and use of legal services.
Objectives
Rapport
Obtain relevant information
Help client make appropriate decisions
Plan future action
Deal with client care and cost information
Interviewing skills
Listening
Questioning
Analysing
Explaining
Note-taking
Structure outline
Greeting
Opening
Listening/obtaining the relevant information
Filling in the detail
Advising
Closing
Listening techniques
Acknowledgements
Invitations to continue/elaborate
Reflecting feeling -
‘I can see why you are angry about this’
Silence - control natural urge to fill
Body language
Questioning
Obtain information on-
nature of clients proposed problem
background facts
clients feeling and objectives
Open v closed questions
Open -
Allow client to select subject matter
select information they believe to be relevant
start with information with which they are comfortable
enable a client to articulate their feelings
give client freedom to reflect
encourage memory by association
Disadvanatges -
insufficient information
encourage verbosity and or irrelevance
limit a reticent client
Closed-
precise details
guide through sensitive area
give confidence
prompt memory
probe areas of ambiguity
quiten a verbose client
Disadvantages-
over-clinical
deprive of opportunity
inhibit rapport
reduce opportunity to listen
important areas of information may be missed
may go down irrelevant path
T-Funnel
Open questions better first
Closed to probe even further on areas of ambiguity, jogging memory, clarify needs, discover how a client will respond.
Going back one stage -
Leading questions –
helping clients convey something they may have difficulty articulating with words
Prefacing question with an explanation
Counteract if client perceives irrelevant or anxious about.
Danger explanation may infuse reply
We may need to ____
For that reason I need to know about their situation ___
Cross-checking
Necessary where gaps or contradictions -
Are you sure about ___?
Devils advocate
Suggest different and adverse interpretation
Why didn’t you visit ___in care home?
May damage rapport
Explain why
Other sides solicitor may choose to employ this tactic
Summarising
Double-check understanding of facts
Let me check ive got this correct ___
Gives breathing space to solicitor.
Summarise feelings of client
So ____ is important to you
Analysing
Continuing - must identify facts and issues
Explaining
Explain in terms the client can understand.
Present in accessible way
Ask client if they understand (not too much)
Send letter afterwards.
Note-taking
Contempareous note which can be used for attendance note later on
Best to do later on.
Can do so earlier so long as it does not diminish rapport.
Headings, concise style
Planning for initial interview
Client feels comfortable
Conflict and identity checks -
Para 8.1 - identify who you are acting for in relation to any matter.
Generally must not accept instruction until due diligence carried out.
Client and information provided studied carefully.
Checklists - if know issue in advance, good idea to prepare.
May damage rapport.
Interpreters
Client care information sheet -
explain sheet in initial interview
No interruptions -
background noise
Summary
- Greeting
Meet, greet and seat the client appropriately and begin to establish good rapport - Opening
(a) Check the reason for the client’s visit by way of a closed question
(b) Outline the proposed structure of interview
(c) Explain the cost of the interview and any other client care matters - Listening/Obtaining the relevant information
Let the client explain the reason for their visit; use open questions and listening techniques
(and avoid note-taking) - Fill in detail
(a) Clarify and fill gaps in the facts using the T-funnel approach
(b) Identify and explore the client’s concerns
(c) Summarise (a) and (b) - Advising
(a) Outline relevant law and procedure clearly, accurately and comprehensively, taking
into account all relevant factual, practical and legal issues
(b) Address any specific questions or concerns raised by the client
(c) Discuss the main options (legal and non-legal) to resolve issues or achieve client’s
objectives including advantages or disadvantages/outline procedural or transactional
steps/help client to reach a decision or give instructions/agree a plan of action - Closing
(a) Confirm the follow-up tasks of both solicitor and client
(b) Give the name of an alternative contact within firm
(c) Estimate the time frame for the matter
(d) Give the best information possible relating to the costs of the matter
(e) Discuss next contact including whether a further meeting is necessary and, if one is
needed, when is it likely to be and who is responsible for arranging it
(f) Parting
Conducting a client interview
-PP *land
-Wills, admin *trusts
Use planning time to prepare headings etc..
