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Skills > Overview - 1. Interview/Attendance Note > Flashcards

Overview - 1. Interview/Attendance Note Flashcards

1
Q

How long is the interview/attendance note assessment and how is the time split?

A

1 hour
* Interview: 10 minutes to prepare and 25 minutes to interview
* Attendance note: 25 minutes to prepare

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2
Q

Interview

What is the most basic description of the task in the interview assessment?

A

Ask questions, elicit instructions from the client, and build trust and confidence

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3
Q

Interview

What is the assessment objective for the interview assessment?

A

Demonstrate ability to conduct interview with client

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4
Q

Interview

What are the assessment criteria for the interview assessment?

A
  1. Listen to client, and use effective questioning to enable the client to tell you what is important to them
  2. Communicate and explain in a way that is suitable for the client to understand
  3. Conduct yourself in a professional manner and treat the client with courtesy, respect, and politeness
  4. Demonstrate client focus
  5. Establish and maintain an effective relationship with the client so as to build trust and confidence
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5
Q

Interview - Listen to client, and use effective questioning

How should you use your legal knowledge?

A

To identify particular areas for clarification

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6
Q

Interview - Listen to client, and use effective questioning

How should you begin the interview?

A

Outline what you believe the issues to be, and check with the client that this is correct before starting to question the client

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7
Q

Interview - Listen to client, and use effective questioning

What is the primary aim of the inteview?

A

To enable the client to provide you with a full account of the matter, dispute, or transaction

You may need to ask them to expand on or clarify particular areas

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8
Q

Interview - Listen to client, and use effective questioning

What are two examples of open phrases which you can use to elicit information from the client?

A
  • Tell me about…
  • Give an account of the events leading up to…
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9
Q

Interview - Listen to client, and use effective questioning

What must the client feel they have had the opportunity to do?

A

Explain their issues

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10
Q

Interview - Listen to client, and use effective questioning

How can you show the client you are actively listening?

A

Summarise what they have told you, e.g. The main matter you are keen to resolve is…

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11
Q

Interview - Listen to client, and use effective questioning

What should you avoid doing and why?

A

Avoid making too many assumptions, as the client will know more about their situation than you do

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12
Q

Interview - Listen to client, and use effective questioning

If you are to assume something, how should this be approached?

A

By stating the assumption and asking the client to confirm if it is true, or simply turning the assumption into a question

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13
Q

Interview - Listen to client, and use effective questioning

Before concluding the information acquisition part, what should you ask the client?

A

If there is any other issue they wish to discuss, or anything further they would like to add

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14
Q

Interview - Listen to client, and use effective questioning

What should you avoid doing before you have all the information you need?

A

Giving your advice

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15
Q

Interview - Listen to client, and use effective questioning

What should you do before moving onto preliminary advice and next steps?

A

Summarise the facts and the client’s concerns

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16
Q

Interview - Communicate/explain… suitable for client to understand

What type of language should you use?

A

Language suited to the particular client

A business client and a lay client will be comfortable with different language

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17
Q

Interview - Communicate/explain… suitable for client to understand

How many questions should you ask at a time?

A

One

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18
Q

Interview - Communicate/explain… suitable for client to understand

Although you are not required to give detailed legal advice in the interview, what should you do?

A

Explain enough of the key concepts to win the client’s trust

You do not want the client to leave the interview feeling they are no further on

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19
Q

Interview - Communicate/explain… suitable for client to understand

How should you qualify the explanations you give the client in interview?

A

Tell the client that you would like to explain some key concepts, but you will be following up after the interview with a detailed note of your legal advice

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20
Q

Interview - Professional manner… courtesy, respect, politeness

You will be advised if the client is already in the interview room. If they are, what is true about the interview?

A

It will begin as soon as you enter the room

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21
Q

Interview - Professional manner… courtesy, respect, politeness

How do you demonstrate a professional manner at the outset?

A

Appropriately introduce yourself (as a solicitor or an associate unless told otherwise), and confirm the client’s details as well as the matter on which they are seeking your advice

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22
Q

Interview - Professional manner… courtesy, respect, politeness

What should you demonstrate to the client about your plan for the interview, and what is a suggested paragraph to deal with this?

A

That you have a clear plan (based on your preparation)

First of all, I will ask you to explain what has happened. Then, I may ask you some further questions to clarify things. That should enable me to explain any key concepts and follow up with a detailed note of my legal advice

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23
Q

Interview - Professional manner… courtesy, respect, politeness

How should you deal with eye contact and making notes?

A

Balance the need to write notes with maintaining eye contact so the client knows you are listening to them

24
Q

Interview - Professional manner… courtesy, respect, politeness

At what intervals should you check with the client that they understand and if they have any questions or have anything else to raise?

A

At the end of each stage of the interview, i.e.

  1. Information acquisition
  2. Explanation and preliminary advice
  3. Next steps
25
Q

Interview - Professional manner… courtesy, respect, politeness

How should you conclude the interview?

A

Bring it to a conclusive close, confirming the outcome has been achieved

Thank you for your time today. I now have a clear idea of the facts and will follow up with a detailed letter setting out my legal advice

26
Q

Interview - Demonstrate client focus

What is the best way to demonstrate client focus?

A

Ask the client questions and give them an opportunity to express their concerns, as well as listening and responding to those concerns by explaining the issues in a way the client can understand

27
Q

Interview - Demonstrate client focus

What are some phrases to demonstrate client focus?

A
  • Looking at / focusing on your circumstances…
  • On the basis of what you have told me…
28
Q

Interview - Demonstrate client focus

What should you do if the client’s obectives and priorities are unclear?

A

Find out what they are, including which are most important to the client

29
Q

Interview - Effective relationship to build trust and confidence

What are three ways to make a good first impression in interview?

A
  • Garner their name and the purpose of their visit from the prep and lead with it
  • Introduce yourself and indicate your status in the firm
  • Set out your papers neatly
30
Q

Interview - Effective relationship to build trust and confidence

What three pieces of information will the invigilator tell you before you enter the room?

A
  1. Whether the client is already in the room
  2. Whether you can shake their hand (if silent, don’t)
  3. Whether you can use your real name (if silent, don’t)
31
Q

Interview - Effective relationship to build trust and confidence

What are the five interlocking sections of a good interview?

A
  1. Rapport building
  2. Fact gathering
  3. Fact consolidation
  4. Provision of preliminary advice
  5. Client questions and next steps
32
Q

Interview - Effective relationship to build trust and confidence

As note taking can interfere with rapport, but is necessary to be able to write up a good attendance note, how should you approach this with the client?

A

Explain to the client that you will be making notes of the interview, and that this is in order to record a thorough overview of the matter to be able to provide the best advice possible

33
Q

Interview - Effective relationship to build trust and confidence

How sufficient should your explanations be?

A

Sufficient enough to demonstrate that you understand and can deal with the matter, so the client can decide on the course of action to be taken

34
Q

Interview - Effective relationship to build trust and confidence

How should you deal with an unrealistic deadline from a client?

A

Explain it is not likely to be possible and explain why

If the client suggests they have arranged things on the basis of the unrealistic deadline being met, you must reiterate the above

35
Q

Interview - Preparation

Will you have to deal with client care, funding, or money laundering?

A

You will be told in the question if this is in or out of scope

36
Q

Interview - Preparation

After reading the instructions, what is the first thing you should do?

A

Format a list of questions or topics into sub-headings with space between them to fill out during the interview

Leave more space than you think, in case other issues arise during interview

37
Q

Interview - Preparation

What is the end goal for this prep document which will be populated in the interview?

A

It will be attached to the attendance note as an appendix to avoid having to rewrite the interview notes in the attendance note

38
Q

Interview - Preparation

What is the template for this interview notes prep document?

A
  • Name and contact details (including phone, email and address)
  • Key points and questions (leaving space to populate)
  • Explanations provided orally to client
  • Next steps
39
Q

Interview - Time management

How should the 25 minutes of the interview itself be split?

A
  • 15 minutes taking instructions
  • 10 minutes explaining concepts and next steps
40
Q

Interview - Dealing with the actor

Might the client adopt certain personas?

A

Yes, the client may be either reluctant to reveal information even when asked, or prone to introducing irrelevant information

41
Q

Interview - Dealing with the actor

How should you approach the situation if the client is reluctant to share?

A

State that you understand it may be difficult for them to remember or talk about the events in question, but that the answers are important in order to be able to advise them fully

Ask if they have any documents that might refresh their memory

42
Q

Interview - Dealing with the actor

How should you approach the situation if the client is adding in irrelevant information?

A

Ask them if they would not mind slowing down to allow you to focus fully on their instructions and record the information, so you can advise them fully and lead to the best outcome

43
Q

Attendance note

Although technically separate assessments, why is it important to consider the interview and attendance note part of the same assessment?

A

Because the more detailed your notes from the interview prep and the interview, the easier writing up the attendance note will be

44
Q

Attendance note

What is the most basic description of the task in the attendance note assessment?

A

Provide legal advice on the issues that emerged in the interview, not just simply recording what the client said

45
Q

Attendance note

What is the assessment objective for the attendance note assessment?

A

Demonstrate ability to produce an attendance note recording a client interview and initial legal analysis

46
Q

Attendance note

What are the assessment criteria for the attendance note assessment?

A
  1. Obtain all relevant information
  2. Ensure advice is client-focused
  3. Identify appropriate next steps
  4. Legal content is correct and comprehensive, and professional conduct issues, if any, identified
47
Q

Attendance note - Obtain all relevant information

What is the most efficient way to demonstate you have obtained all relevant information?

A

Incorporate the interview notes as an Appendix

48
Q

Attendance note - Obtain all relevant information

What should you do if you think of something you forgot to ask or advise on in interview?

A

Add it into the attendance note

On further reflection, the following is also relevant…

49
Q

Attendance note - Ensure advise is client-focused

Which grammatical person should the advice be drafted in?

A

Third person, e.g. “The client”

Advice still needs to be client-focused notwithstanding

50
Q

Attendance note - Ensure advise is client-focused

How should your advice be expressed?

A

In terms the client could understand if the note or sections of it were to be sent to the client

51
Q

Attendance note - Identify appropriate next steps

Do the next steps in the attendance note have to be the same next steps you mentioned to the client at the end of the interview?

A

No

52
Q

Attendance note - Identify appropriate next steps

What five next steps will generally always be relevant?

A
  • Confirm your advice in a follow up letter or email to client
  • List specific documents for the client to provide
  • Provide specific instructions as to what you require from the client
  • List specific meetings for you to set up
  • Schedule a further meeting with the client, if more information is required
53
Q

Attendance note - Identify appropriate next steps

What distinction is it helpful to clearly make about next steps?

A

Who will undertake the action, the solicitor or the client

54
Q

Attendance note - Legal content, professional conduct

Under the SRA principles to provide a proper standard of service and act in best interests of the client, what should a solicitor do if a client is determined to pursue a claim as a matter of principle?

A

Raise with the client whether the potential outcomes are likely to justify the expense or risk involved, including the risk of having to pay the other side’s costs if they lose

55
Q

Attendance note - Legal content, professional conduct

Where this situation arises, what should you record in the attendance note?

A

That you have considered this, and have advised the client that to pursue the claim may not be in their best interests for the reasons in the previous card

56
Q

Attendance note

What is the general template for an attendance note?

A

Client: [client name]
Matter: [description]
Date of interview: [date]

Client instructions provided an interview
* Please see interview notes attached at Appendix 1
* The key instructions provided by the client were: [max 5 bullets]

Legal advice
* Using sub-headings, set out legal advice for each client issue

Next steps
* Using bullets, detail the next steps you/your colleague/the client will take

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