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Law 2 > Interviewing 1 > Flashcards

Interviewing 1 Flashcards

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1
Q

Two skills?

A

Client interviewing and completion of attendance note / legal analysis
-Negotiation
-PP and land
-Wills, admin (trusts)

Advocacy-
DR (contract and tort)
Criminal (criminal liability

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2
Q

Advocacy

A

Case study
45 mins to prepare
15 to present

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3
Q

Client interviewing and completion of attendance note / legal analysis

A

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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4
Q

-

A

-

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5
Q

Interviews in legal practice

A

-

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6
Q

Good practice to establish terms of the retainer

A
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7
Q

Vulnerable clients

A

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.

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8
Q

Objectives

A

Rapport
Obtain relevant information
Help client make appropriate decisions
Plan future action
Deal with client care and cost information

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9
Q

Interviewing skills

A

Listening
Questioning
Analysing
Explaining
Note-taking

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10
Q

Structure outline

A

Greeting
Opening
Listening/obtaining the relevant information
Filling in the detail
Advising
Closing

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11
Q

Listening techniques

A

Acknowledgements

Invitations to continue/elaborate

Reflecting feeling -
‘I can see why you are angry about this’

Silence - control natural urge to fill

Body language

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12
Q

Questioning

A

Obtain information on-
nature of clients proposed problem
background facts
clients feeling and objectives

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13
Q

Open v closed questions

A

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

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14
Q

T-Funnel

A

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

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15
Q

Prefacing question with an explanation

A

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 ___

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16
Q

Cross-checking

A

Necessary where gaps or contradictions -

Are you sure about ___?

17
Q

Devils advocate

A

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

18
Q

Summarising

A

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

19
Q

Analysing

A

Continuing - must identify facts and issues

19
Q

Explaining

A

Explain in terms the client can understand.

Present in accessible way

Ask client if they understand (not too much)

Send letter afterwards.

20
Q

Note-taking

A

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

21
Q

Planning for initial interview

A

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

22
Q

Summary

A
  1. Greeting
    Meet, greet and seat the client appropriately and begin to establish good rapport
  2. 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
  3. Listening/Obtaining the relevant information
    Let the client explain the reason for their visit; use open questions and listening techniques
    (and avoid note-taking)
  4. 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)
  5. 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
  6. 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
23
Q

Conducting a client interview

A

-PP *land
-Wills, admin *trusts

Use planning time to prepare headings etc..

24
Q

The interview

A

Greeting -
Friendly conversation before
-Weather, clients journey.

Opening -

Explain conduct of the interview -
First I’ll ask why you have come, then stop or ask to repeat, legal position after.

Checks and client care -
Due diligence
Best possible information on costs
Complaints - such procedure exists and will be confirmed in writing after the meeting

Listening/obtaining the relevant information -
little interruption as possible.
Confine to open.
Avoid jumping around topics
Maintain eye contact
Few notes

Filling in detail -
more active role,
record clients wishes and objectives
T-funnel
Adopt closed more probative questioning
If have to read ‘need a few moments’ for comfortable silence.

25
Q

Advising

A

Analysing and explaining position

Explaining range of options

Likely complications

Current position

Specific questions

Discuss main options

Outline procedural or transactional steps

Help your client to reach a decision

Agree a plan of action

Usually not possible to provide definitive advice
DO not be tempted unless clear on facts can.
Must explain why advice limited.
Do not speculate

Steps and possible complications that may arise

Managing expectations

May be best to do nothing as it may not be economically worthwhile.

First interview - for client to make a fundamental decision.

Agreeing a future plan of action -

Check whether they feel you have covered everything.

Closing -
leave clear as to what is to happen next, how quickly and at what cost.

26
Q

Next step/follow-up tasks

A

Establish what if anything the client is asking them to do.

Follow-up letter

Communication preferences

Alternative contact within the firm

Time frame -

27
Q

Estimating cost

A

During interview should be discussed.

Good to summarise in close.

Fixed fee or time estimated on hourly rate.

Impossible to give estimate, I will update you frequently __

Impossible to give realistic estimate. Barrister. Once I have opinion I will be able to give a better estimate of likely costs.

Assurance that you will update

Explain who is to make next contact

Signal end of interview

28
Q

Trust and confidence

A

Aim to win the clients trust and confidence.

E..g putting client at ease from outset

29
Q

Time management

A

If run out -
outstanding issues in attendance note

30
Q

Attendance note/legal analysis

A

-

31
Q

Purpose of an attendance note

A

Manuscript note of key points.

Use manuscript note as aide memoire

Starting point for next steps -
send letter confirming instructions.

if someone else needs to take over the work.

If complaint made

32
Q

Style

A

Handwritten

Cross-reference contamperous note. Must be in similar forms.

33
Q

Content

A

All relevant information

Analysis of any legal issues

Next steps to be taken

Ethical issues

Opinions and strategies for negotiations

Advice given on any specific issues

34
Q

Layout

A

Clear, logical and comprehensive

Not one uniform style

Client :

Matter :

Fee-earner :

Date/time

Time taken :

Details :

Facts/concerns :

Advice :

Follow-up steps :

If omission, write in attendance note error and follow-up action to be taken.

Law 2 (14 decks)

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