Interviewing Flashcards
Structure
What is the structure for any interview?
- Greeting
- Opening
- Listening
- Fill in details
- Advising
- Closing
Structure
What should the opening include?
- Introduce yourself
- Check if the client has ID (if a new client)
- Check the reason for the interview
- Explain the interview structure
- Explain the cost of the interview
- Let them know all advice will be put in a follow-up letter after the interview
- Clarify if the client requires any special adjustments
Structure
What does the listening section entail?
Asking open questions to allow the client to describe their issue in their own words
Should not make any notes during this time
Structure
What does the filling in the detail section involve?
Asking closed questions to gather any relevant details the client has not provided
You can make notes in this section
Structure
What should you do if the client asks a specific question before the advising section?
Let them know you will address that during your advice
Structure
What should you do before starting the advising section?
- Recite a brief summary of the facs to the client to ensure you have understood everything
- Ask if they have any further information they think it would be useful for you to know
Structure
What should you remember during the advice section?
To make the advice client-focused, and outline which option would be the best for them
Structure
What should you advise if there is uncertainty?
Give preliminary hypothetical advice on the best path in both scenarios
Structure
What should be addressed during the closing section?
- Check the interview has covered the client’s concerns
- Any next steps you/the client will take
- The follow-up letter and that the complaints procedure will be attached
- Estimate time frame for matter if possible
- The price for any further work (remember VAT)
- A contact at the firm if you are unavailable
- Check the client’s details on file are correct
- Arrange or suggest another meeting if appropriate
- Thank them for coming in to see you
Structure
What are the general points to remember throughout?
- Maintain rapport throughout
- Control the interview so it finishes within the allocated time
- Take appropriate notes to record:
- Facts and the client’s concerns
- Advice given, options available, and
- Decisions made and follow-up steps
- Look out for conduct issues
Wills
What are the most likely topics to come up?
- Challenging validity of a will/amendment/codicil
- Making a will
- Family Provisions claims
- Executors’/administrators’ duties
- Who can act as executor/administrator
Wills
If the client wants to make a will, what are the important details to establish?
- Family members and relationships
- Extent of estate
- Any specific gifts they want to make
- Who will be executor(s)
- Who will be guardian of children under 18
- If they intend to leave out any family members who may expect to be included
- Where payment of debts and expenses should be made from
- If any minors are receiving gifts, whether these should be outright or contingent
- If will creates a trust, who should be trustee
Wills
What should be explained to a client who wants to make a will?
- Requirements for a valid will
- Role of exec and trustee, who can be appointed
- Opportunity for exec to disclaim role
- What a trust is and why it may be appropriate
- Statutory and express powers of trustees
- Difference between and implications of vested and contingent gifts
- In relation to specific legacies, what ademption is and how to avoid it
- What residue is, how to avoid partial intestacy
- Likelihood of IHT and who they want to bear the burden
- Survivorship clauses
- Implications of leaving people out who expect to be included
- If there are any PC issues e.g. appointing the firm as charging executor
Wills
If there is a potential Family Provisions claim, what details should be gathered?
- Was the deceased domiciled in E&W?
- Does the client qualify as an applicant
- Has a grant been issued, and if so, when and to whom?
- Is the client receiving something or nothing at all under the will/intestacy?
- What is the financial position of the applicant?
- Did the deceased have any moral obligations towards the applicant?
- What is the size and nature of the estate?
- Does the applicant have a disability?
- Are there any other relevant factors?
Wills
What should always be borne in mind where there are challenges to the will/Family Provisions claims?
Litigation is expensive and stressful, particualrly where families are grieving and the opposing parties are family members.
Litigation should be a last resort
Wills
On what grounds may someone challenge the will?
- Lack of capacity
- Lack of intention
- Lack of formalities
- Invalid amendment
Wills
What is required to show a lack of capacity?
Abnormality of mental functioning at the time the will was signed such that the testator was unable to make a decision for himself
Wills
Who has the burden in a challenge to capacity?
The burden is on the person asserting the will is valid, but shifts to the challenger if the presumption of mental capacity applies
Wills
When will the presumption of capacity arise?
- Where the will is rational on the face of it, and
- There was no evidence the testator was suffering from mental confusion at the time of making it
Wills
What is the golden rule for capacity?
The golden rule makes challenging capacity difficult where:
1. A medical practitioner produces a report confirming the testator has capacity
2. The will is witnessed by a doctor, and
3. The solicitor records their own view of the testator’s capacity and keeps it in a file note
Wills
What is required to show lack of intention?
That the testator did not know, approve or understand the contents of the will they were signing
Wills
Who has the burden of proof in a challenge to intention?
Generally the person asserting the will is valid must prove it, unless the presumption of knowledge and approval applies
Wills
What is the presumption of knowledge and approval?
Testator who has capacitry and has read and executed the will is presumed to know and approve of its contents
Wills
When does the presumption of knowledge and approval not apply?
- If T was blind or illiterate, or someone signed on their behalf
- If there are suspicious circumstances surrounding drafting and/or execution e.g. the drafter is a significant beneficiary
Wills
If the presumption of knowledge and approval applies, what must be proven for the will to be invalid?
- Force or fear, through actual or threatened injury
- Fraud
- Undue influence through coercion or distress
- Mistake
Wills
If the challenger is asserting undue influence, what should they be warned of?
That they will be penalised in costs if they fail to substantiate their claim
Wills
What will happen if there a mistake in the will?
Any words included without knowledge and approval of testator will be omitted from probate.
Wills
What are the formalities for a valid will?
In writing and signed by the testator in the presence of two witnesses who then sign in the testator’s presence
Wills
Who should not sign the will?
Any beneficiary or the spouse of any beneficiary, as this will cause the gift to them to fail
Property
What are the most likely topics to come up?
- Purchasing/sale of a residential property
- Purchasing/sale of a commercial property
- Leases
- Alterations
Property
What details is it important to establish in a residential transaction?
- Whether property being bought solely or by co-owners
- How property is currently held
- How property being purchased
- Who will pay deposit/purchase price/disbursements?
- How property intended to be held
- Relationship between joint purchasers
- ID and instructions of both clients
- Nature and location of property (to advise on searches)
- If purchasers are first-time buyers
- Purchase price
Property
What should be advised on in a purchase of residential property?
- Joint tenants vs tenants in common
- Based on contributions of each co-owner whether constructive trust likely to arise
- Any searches needed
- Whether SDLT will be due
- Advise on likely disbursements e.g. search fees, bank transfer fees
- Time between exchange and completion
- Any restrictions in register of title
Property
What details is it important to establish in the purchase of commercial property?
- Nature, location, access to and current use of property
- Reason for sale/purchase
- If there is a chain of transactions
- Nature of business
- Whether VAT being charged
- How purchase is being funded
- Intended use of property
- If sale is a bargain, any reason why?
Property
What details is it important to establish in a question on leases?
- Current relationship between L and T
- If rent has been paid on time
- Reasons for wanting T out/T wanting to leave
- If a suitable replacement has been found
- If lease has protection of security of tenure
- Any breach of covenants
- What is the priority e.g. getting T out, maintaining rental income etc.
- What options are there in the lease for ending it?
- Would L/T be willing to go to court?
- Would negotiation of a surrender be possible?
Property
What details is it important to establish for freehold alterations?
- Any restrictions in the title register
- Whether any restrictions would be negotiated out of
- If property is listed/in a conservation area
- If there is planning permission
- If any unauthorised works have been done to the property
- If building regs consent has been obtained
- If there are any local land charges which will prevent the proposals e.g. TPOs, water and drainage lines across the property etc.
- If any change of use will be within the same class
Property
What details is it important to establish for leasehold alterations?
- If there are any restrictions in the lease
- If the landlord’s consent is required
- If it is not, whether there is any obligation to notify the landlord
- If there is an absolute prohibition, whether a licence to alter could be negotiated
- If T would be willing to go to court for permission
- If planning permission will be needed
- If building regs consent will be needed
- If any change of use is within the same class
