2. Preparatory steps for counseling
session
• Research law & investigate facts
• Clarify your goals for the session
• Scan your research, inv. &experience to identify
alternatives for client-legal/non-legal
• Note + ve & -ve consequences of each alternative-impact
• In-session tasks=clarify clients priorities + ascertain client’s
reactions to possible consequences of each alt. + cure info.
Gaps & ambiguities
• Plan the format for session
• Think of-helping techniques-empathy-analogous
experiences of lawyer
• Prepare visual aids for client
4. ALTERNATIVES CONSEQUENCES PROBING SUBJECTS
File civil suit Strained relationship, time
effort, money, trial,
injunction + damages.
success %
Pressurize local self govt.
agencies
Time, money, strained
relationship, extended
litigation,costs,delays,50%s
uccess
Challenge license renewal Time, money, strained
relationship,delay,33%succ
ess
Negotiate Time,money,good
probability of preserving
friendship,win-
winsituation,negotiated
agreement is likely to
interfere in a later court
proceedings
5. Organise
community/localofficials
Greater time than any other alt.,money-
minimal,strained relationship
20-50%success,leadership skill
required&lead others
Buying out Money,(partially recoverable later),loss on
resale,time,relatinship preserved but
dfdt.moves away,totalrelief(if dfdt
agreees)success%-whether dfdt will agree
to sell
6. Moving out Time,money-loss on sale-
premises.,hassle of
moving,preserves
relationshipeffects on
family,effects of leaving
neighbourhood
Do nothing No time commitment,no
expenses,money-loss
ofproperty value,loss of
enjoyment,aggravation of
disturbances,effects on
family,success in litigation-
adversely
affected,relationship
preserved.
7. • Dilemmas of client
• Maintaining friendship x
• maintaining enjoyment of home x
• expending large sums of money
8. Probing subjects=client is expert here
• How much client is willing to spend?/how much can he afford?
• Time & money investment?
• How important is the friendship to the client?
• What is his feeling about total relief?
• How important are damages?
• How acceptable would be a more controlled operation of activities?
• What sort of conditions he would like to be imposed?
• How he feels about litigation?
• Has he got contacts to pressurize local self govt./license authorities?
• How he feels in taking up role of leader?
• How responsive will be the community?
• How receptive dfdt would be?
• Can he or other neighbours are financially well off to buy dfdt’s prop?
• Is he intending the dfdt to move out?
• What will be client’s feeling if he moves out?
• Can he afford to buy a house after he moves out?
• How would client’s family feel about doing nothing over the issue?
9. Ruling out options?=client’s priorities
• Prohibition= ruling out do-nothing=total relief(6 options are good)
• Stop activities- but costs factor= 2&3 can be left out- probability of
success is less
• No money + skeptic about litigation= negotiation & doing nothing
are better(option is there to make use of other alt. at a later date
when conditions deteriorate)
• No leadership skills=legal expertise/personal experiences can be
shared with
• Rankings
• Litigation-1 or 2 =strains relationship + expensive
• Do nothing-1or 2 =maintaining friendship + no costs # offensive
character of activities.
• Negotiation-attitude, priorities
10. Helping client reach a decision?=
co-operative venture
• Structured analysis
• How are the alternatives related to critical issues
• Client is the decision maker
• Clarification of concerns
• Identifying choices
• Choices/models to focus on priorities of client
• Lay man’s language
• Emotional support