Orientation Communication

Question 0

What are the aims of a consultation?

Answer 0

1)REASONS FOR THE CONSULTATION
2)PROBLEMS THAT LEAD TO THIS
3)ANALYSE POSSIBLE SOLUTIONS
4)EXPLORE WITH YOUR CLIENT THE BEST WAYS
5)ALLOW CLIENT TO MAKE INFORMED DECISIONS
6)CONSEQUENSES: COSTS; PLAN OF ACTION; TIME SCALE; FURTHER DECISIONS
7)CLIENT: HAS MAXIMUM POWER
8)ATTORNEY: PROFESIONAL ETHICAL BEHAVIOUR

Question 1

How is a consultation set up?

Answer 1

RECEPTIONIST WILL TAKE DOWN ONLY VERY BASIC INFORMATION WHEN MAKING AN APPOINTMENT

• LEGAL PROBLEM: ON CONSULTATION
• FIRST CONSULTATION – BE COMPLETE
  • ESTABLISH A RELATIONSHIP
  • EACH CLINIC’S APPROACH IS UNIQUE
  • FILL OUT MEANS TEST & CLIENT INFORMATION SHEET
  » Discuss the matter with Clinic Principal / Attorney before your client leave!

Question 2

What is the pre-consultation phase?

Answer 2

1)BE COURTEOUS & RESPECTFUL
2)COLLECT CLIENT
3)INTRODUCE & SHAKE HANDS
4)LEAD CLIENT TO CUBICLE
5)LET HIM SIT: OPEN WITH SMALL TALK TO SET HIM AT EASE
6)TRY TO DEVELOP A RAPPORT WITH THE CLIENT –
7)AND IN ASSESSING THE EDUCATION LEVEL OF THE CLIENT. (REMEMBER THE CLIENT IS ANXIOUS AND IN AN UNFAMILIAR ENVIRONMENT)
7)DEAL WITH THE HOUSEKEEPING ISSUES.

Question 3

What is the consultation phase?

Answer 3

1)FOLLOW A DEFINITE PATTERN
2)BE ADAPTABLE
3)CONTROL AND STEER THE CONSULTATION EFFECTIVELY SO THAT THE CLIENTS’ INTERESTS ARE BEST SERVED.
4)THE CONSULTATION PHASE CAN BE DIVIDED INTO DIFFERENT STAGES.
5)(VAN LOGGERENBERG) DURING EACH STAGE YOU WOULD PERFORM DIFFERENT TASKS WHICH REQUIRES DIFFERENT SKILLS.

Question 4

What are the 4 stages of consultation?

Answer 4

1) Meet & Greet Stage;
2) Listening Stage;
3) Questioning Stage;
4) Advice Giving Stage.

Question 5

What is the first stage of consultation?

Answer 5

1. MEET AND GREET STAGE
   a) Be punctual
   b) Address client formally until invited to do otherwise
   c) Introduce yourself: Give your full name and information on clinic, process, fees & disbursements, interview procedure & how pleadings and documents will be handled
   d) Means test
   e) Client Information sheet

Question 6

What is the second stage of consultation?

Answer 6

2. LISTENING STAGE
   - ATTENTIVELY / ACTIVELY: FOCUS
   - ESTABLISH REASONS “How may I help you?“

YOU NEED:
1) Memory & Patience
2) Concentration to establish client’s personality

3) Not to lose eye contact
4) Not to interrupt
5) To take notes / very briefly / not take notes (!)
6) To show empathy
7) To use the proper body language
8) To encourage elaboration.

Question 7

What is the third stage of consultation?

Answer 7

3. QUESTIONING STAGE
   a) Listen to the client’s story: you will UNDERSTAND why client is there
   b) Now pose questions to the client to:
   - confirm your understanding of the problem
   - fill the gaps
   -test the client’s version
   - remember never to make the client feel as if you are cross-examining him / her. (unless he/she is lying already)
   - confirm mandate

Types of questions that can be utilized:

1) Open questions,
2) closed questions,
3) rhetorical questions etc. (Later in lectures).

Question 8

What is the fourth stage of consultation?

Answer 8

4. ADVICE GIVING STAGE
   a) Duty towards the client to tell the client exactly what the true state of affairs is and not what the client would like to hear.
   b) You should have all necessary information
   c) Apply your mind to the matter and give a
   competent and honest opinion.
   d) Give the client alternatives and options to consider.

Question 9

What is the post-consultation phase?

Answer 9

POST- CONSULTATION PHASE
Confirm in writing:
A.the client’s mandate
B.the plan of action agreed upon
C.If documents need to be brought in by the client, request them.

You WILL write a letter after the consultation to confirm the above.
Why?

Question 10

What is the checklist for the letter?

Answer 10

1) Motion / Action
2) Jurisdiction;
3) Nexus
4) Locus Standi;
5) Prescription;
6) Period for Demand
7) 6 w’s: who/ whom, what, when, where, why & how?
8) Power of Attorney if necessary
9) Costs
10) Privilege
11) The facta probanda and facta probantia
12) Time periods to collect all necessary documentation

Question 11

What does the client evaluate you on?

Answer 11

1) Listening skills (Do you listen well?)
2) Understanding skills (Do you understand the problem/ not or will you have to do research to answer the questions posed to you)
3) Explain the law in an understandable way and how it applies to the case before you.
4) Do you promote confidence in him/her that you will be able to solve his/her problem in the most effective way?