2. Building block pattern
• Interviewing=initial consultation between a
prospective client and solicitors.
( empathy, genuiness, listening& probing)
• Counseling =identify client’s alternatives&
priorities, help choosing constructive options
(creativity, foresight, analysis, explanation, co-
operation & advice)
• Negotiation=implementation of goals set during
counseling(without litigation)
(strategy, persuasion,& conciliation skills)

3.  Interviewing the client is the is the starting point for
the establishment of Advocate-Client relationship
 Interviewing techniques promote inter-personal
communicative skills which are critical for lawyering
process
 helps in effective presentation of clients case – proper
documentation
 highly useful for lawyering outside the court or to
undertake alternate dispute resolution
 it is useful projective technique
 the behaviour of the client and veracity of his
statements can be meaningfully assessed by the advocate

4. Interviewing the client may be defined as an
effective informal verbal or non verbal conversation,
initiated either by the client or advocate, in order to
ascertain the legal problem of the client for which
the solution is to be found
it is the conversation of gestures
not a two way conversation for interrogation or
information
involves gestures, facial expressions , glances, flick
of an eye, inflections in the voices often found to be
sources to establish the truth. Even silence can speak
volumes
neutral assessment beyond the cognitive and
emotional reactions of the client

5. The aim of interview is to describe
the legal problem comprehensively
looking from the outside in and
looking from inside out.

6. Interviewing the Client
Claim identification Claim assessment
Lawyer – communication - Client

7. Client interviewing & counseling
The most important thing in communication is to
hear what isn’t being said.
Peter F. Drucker
SIMILARITIES
importance of legal analysis
ultimate goal-maximum client satisfaction

8. Traditional Client Centered
• professional relationship
• no big deal…just another……
• doctrinal categories
• pigeon hole approach
• lawyers are experts-minimal input
from clients
• clients lack sophistication
• too emotionally wrapped up
• clients are ignorant of long term
effects of decisions
• providing legal solutions-
unconnected to client’s legal and non
legal concerns
• participatory method
• problems- legal & non legal
dimensions
• clients are the best judge(experts) of
their own causes- discover personal
strengths and capacities
• Existence of range of
choices/solutions
• client retains control over right to
decision making
• balancing of legal and non legal
concerns
• client’s emotional investment in a
problem
• Autonomy of clients
• Intelligence, dignity & morality

9. TYPES OF CLIENTS
• Informed/smart client
• laymen
• client without a problem
• The ability to ask pointed questions and elicit
the material facts from the stream of thoughts
a client verbalises is an important skill for
lawyers.

10. INHIBITIONS OF CLIENT
• Ego Threat
• Case Threat
• Role Expectations
• Etiquette Barriers
• Trauma

11. The Very Basics of Legal Interviewing
• Motivate the Client’s Participation (Develop Rapport through Active
Listening)
• Meet and greet
• Formalities- names, personal details, confidentiality and the interview
process.
• Use Questioning Techniques Appropriate to Your Purpose (Open-ended,
Narrow, Yes-No, Leading Questions)
• do you have children? tell me about your family.
• Allow the Client to Tell the Story Initially
• Structure the Interview-
• Preliminary problem identification stage-(initial data gathering-history-
)Threat- premature diagnosis
• Chronological overview stage-Information Gathering
• Theory development & verification stage
• Conclude the Interview.

12. Client Interview Goals
• Get a sense of the client’s situation and legal
questions/needs
• BUILD TRUST
• Assess client’s goals
• Assess credibility
• Be sensitive to possible disabilities

13. Seven stages of interviewing the client ……
Attending – initiating – responding – building
trust and rapport with the client
Listening process – with empathy
Facts gathering
Setting and identifying the claim and legal
problem
Assessment of the claim
Counseling the client about the action to be
taken
Establishing Advocate-client relationship

14. Structuring the interview

15. Making known the process
• Tell the client what will happen in the interview,
and how long you expect the interview to last.
• Emphasize that what the client says in the
interview will remain confidential.
• Although awkward, some lawyers talk about fees
at this point to avoid misunderstanding.
• Let the client know that you will discuss the
client’s legal rights and possible solutions at the
end of the interview.

16. 1)Preliminarily Identify the Problem.
• Ask the client for a general description of the
• underlying transaction and the relief desired.
• Ex.: “Tell me what your problem is, how it
came about, and what you think you’d like to
have done about it.”
• When the client has completed his description
of the problem, summarize your
understanding of it.(reflective statements)

17. 2)Chronological Overview of the
Problem
• Ask the client for a detailed step-by-step
chronological description of what has happened.
• Prompt the client with open-ended, non-leading
questions like “what happened next?”
• but do not
• probe for detail at this stage.
• Listen carefully -this is the client’s chance to tell
his story.
• You will obtain full information if you let him
focus on his concerns at this stage.

18. 3)Develop and Verify Theories
• • Based on the information obtained in the first stages
of the interview, the lawyer can mentally generate
theories supporting possible legal claims.
• The lawyer should consider all plausible possible
legal claims.
-consider all plausible theories, and then proceed to
obtain relevant information that would support or negate
a claim using each theory.
-pursue questions that occurred to you while the client
was going through the overview, and to obtain greater
detail on relevant facts.

19. QUE. TECHNIQUE
Open Questions:
•
• – “How may I help you?”
• • Asking open questions requires you to be able to stop and re-direct a client if
• needed
• • Advantages:
• – The solicitor can actively listen and take notes whilst the client is talking
• – Can communicate interest and trust as the client has the freedom to ‘tell their story’
• – Pose little treat to the client
• – Generally reveal what a client thinks is important
• – May reveal lack of information
• – May reveal a client’s uncertainty around certain issues
• • Disadvantages:
• – Can consume a lengthy amount of time
• – Client may dwell on information that that the solicitor does not necessarily require (this is
• where you need to stop and re-direct the client)
• – Client may only give a brief answer, which then requires the solicitor to ask further questions
• – Lengthy and rambled answers which take time to reconcile with facts
•

20. • Open-ended questions encourage the client to
talk, and allow her to provide information that
the lawyer would not otherwise obtain.
• Begin interviews with broad, open-ended
questions that allow the client to tell her story
in her own words, and “get her problem off
his/her chest.”
Keep the client talking with prompts like,
“What happened next?” and then what?”

21. Closed Questions:
• “How old are you?”
• • These questions are less threatening to clients as generally no explanation
• or justification is required.
• • Advantages:
• – Solicitors can control the questions and answers more effectively. Allows
• questions to be asked in less time and allow the solicitor to get specific
• information without waiting for the client to volunteer it.
• – Answers are easier to replicate and analyse. Answers can be recorded more
• easily, reliably and confidently.
• • Disadvantages:
• – May obtain not enough information
• – May force the client to take a specific position
• – May make the client feel as though the solicitor has no interest in the
• interview and is merely just going through the steps

22. • use narrow questions to probe for more information.
• Leading questions suggest an answer and thus pose the
risk for distorting the client’s answer and promoting
unethical behavior by the lawyer (“You saw Bob reach
for a gun just before you pulled the trigger, didn’t
you?”).
• Use leading questions only to confirm information
provided by the client, or to obtain information that
the client may be reluctant to admit.
• Ex: “I guess you’ve had trouble with the police before

23. Eliciting detailed factual information-
Tactics
• Reflective statements
• Specific reflective statements- clarification
• Finding out the language of client- “ being rough”, “awful”
etc….
• Need to elicit extra information not apparent from client’s
descriptions-hidden agendas
• Supportive statement
• Open ended questions
• A combination of all the above
• Typical day questions- behavioural details-disability cases
• Avoid “why” questions-client is made defensive

24. SKILLS REQUIRED
• Listening
• rapport building.
• make the client feel comfortable and open up
to you-put yourself in the clients shoes
• knowledge in the matter
• your confidence in what you are saying
• ability to speak in layman’s terms
• ability to think laterally about the problems

25. Problems of listening/understanding-
limitations
• Filling-in
• Stereo typing
• Perception-subtle understanding &Impressions
• Selective attention
• Problems personal to client
• Uncertainty of relevance
• Guilt feeling
• Privacy
• Suffering
• Professionalism v. lay person
• Detaching problem from the person
• Events v. scenario- family matters
• Outcome bias
• Problems of information-Facts, fiction, law facts

26. Overcoming Listening Barriers
Do’s
• – Exclude distracting noises and interruptions
• – Ensure your desk is clean of all other client files and
is tidy
• – Prepare yourself to listen for an extended period.
• – Prepare yourself physically to listen
• – Focus your attention on what the client is telling you
• – Withhold evaluation of what the client is telling you
• – Take notes
• – Listen responsively
• – Make sure you are prepared

27. Overcoming Listening Barriers
DON’Ts:
• – Be preoccupied or bored by what the client is telling you
• – Impatient
• – Show that time is an issue
• – Show bias
• – Focus on the client’s appearance or the delivery of their
instructions
• – Interrupt the client or finish their sentences unless it is
necessary to clarify any issue
• – Change the subject
• – Play with stationary
• – Speak down to a client

28. Limitations of questioning
• Style of questioning
• Questioning in funnel sequence
• Time constraints
• Discovering client’s needs-explanation & using client’s
ideas
• Information categorisation - personal, other parties
info., witnesses details, events &what client wants
• Note taking - unfortunate necessity
• + ve effects & - ve effects
• (losing eye contact, false importance, threat,
command, pace, suggestions, audio tape)

29. Advising
• General statement of law involved
• Applying law directly to client’s circumstance
• Alternatives for action
• Technical jargons,
• Full story
• Lottery-litigation
• knowledge of client reaction
• The plan of action
• Costs involved

30.  Ethical content to be imparted while training the students in the
techniques of interviewing the client like
 Limits of confidentiality of information
 Accept or reject the brief based upon competency
 Assess his relationship with other party and introspect whether she
can act without bias
 Establishing the Advocate-Client relationship should not be solely
based upon payment- should be ready to accept the brief in case of
needy
Respect for individual autonomy
Beneficence-what benefit‟s the client the most.
Non maleficence – avoiding harm.
Justice– fair distribution of services within society. Legal consequences5.
Fidelity– honouring promises from which trust has been formed.6.
The counsellor‟s entitlement to self-interest

31. Parameters of assessment
• Working atmosphere
• Description of the problem
• Client’s goals and expectations
• Problem analysis
• Moral and ethical issues
• Alternative courses of action
• Client’s informed choice
• Effective communication
• Teamwork
• Post Interview Reflection

32. Concluding the Interview.
• Give the client a brief summary of the law
governing his legal rights, and the questions
that you must research.
• Tell the client what you will do next and when
you will get back to the client.

33. • The benchmark of a good interview is simple:
• the client will feel that he has consulted a
lawyer who is a caring human being.

34. Thirteen Tasks by Stages:
• Listening
• 1. Greet, seat and introduce.
• 2. Elicit story with opening question etc.
• 3. Listen carefully to basic outline of personalities and case from client's own unhindered words.
• Questioning
• 4. Question on facts for gaps, depth, background, ambiguities and relevance.
• 5. Sum up and recount lawyer's view of facts, and
• 6. check for client's agreement or amend.
• Advising
• 7. State advice and/or plan of action and deal with question of funds. .
• 8. Repeat advice/plan of action and check for client's agreement or amend.
• 9. Recount folIow-up work to be done by client.
• 10. Recount follow-up work to be done by lawyer.
• 11. State next contact between lawyer and client.
• 12. Ask if "Any Other Business“ and deal with it.
• 13. Terminate, help out and goodbye.

35. Interviewing=
1)gathering facts +
2)building rapport
Counseling=
1)+
2)+
helping clients reach decisions +
select action steps

36. Client centered counseling
Attributes
• Active participation of client in identifying
problem
• Formulating potential solutions
• Making decisions
• Advice based on client’s values
• Recognizing client’s feelings and their importance
• Asserting desire to help the client

37. Counseiling?
in relation with interviewing
• Requires advanced skills
• Techniques are difficult
• Effective use of counseling skills strengthens
lawyer client relationship
• Skills
• Advanced empathy
• Counselor disclosure
• Confrontation
-FLOW OF INFORMATION , REGARD &
UNDERSTANDING IN BOTH DIRECTIONS

38. • Dilemmas of client
• Maintaining friendship x
• maintaining enjoyment of home x
• expending large sums of money

39. 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

40. Problems
• Public nuisance
• Divorce
• Custody disputes
• Domestic violence cases
• Industrial disputes

41. 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

42. 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

43. 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.

44. • Dilemmas of client
• Maintaining friendship x
• maintaining enjoyment of home x
• expending large sums of money

45. Understanding moral contours &
ethical content in the process

46. Maslow’s pyramid

48. Lawrence –Moral development theory

49. Lawrence Kohlberg-
6 stages of moral development
Heinz's dilemma
• (obedience),(self-interest) ,(conformity) ,(law-and-order) , (human rights), (universal human
ethics)
• Level 1 (Pre-Conventional)
• 1.Obedience and punishment orientation
• (How can I avoid punishment?)
• 2. Self-interest orientation
• (What's in it for me?)
• (Paying for a benefit)
• Level 2 (Conventional)
• 3. Interpersonal accord and conformity(Social norms)
• (The good boy/girl attitude)
• 4.Authority and social-order maintaining orientation(Law and order morality)
• Level 3 (Post-Conventional)
• 5. Social contract orientation
• 6. Universal ethical principles
• (Principled conscience)

50. Nayef Al-Rodhan……..
• Human nature is governed by general self-
interest and affected by genetic predisposition,
which implies that there are likely to be limits to
our moral sensitivities.
• The enduring assumption that human behaviour
is governed by innate morality and reason is at
odds with the persistence of human deprivation,
inequality, injustice, misery, brutality and conflict.

51. 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?

52. 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

53. 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

54. Skills required
of lawyer
In counseiling
1)ADVANCED EMPATHY Articulating the implicit= enhanced
self-awareness to client= enlightened
decision making (eg:money investment
in resort)
Summarizing core material-
concerns x benefits (research)
Synthesis= helping client to understand
her more deeply
Eg: Divorce case-financial distress, job
discrimination –weak job performance
VERBAL TECHNIQUES
USED
Goal- from inquisitorial examination-to
co-operative undertaking
From what you have told me and
correct me if I am off base but it
appears that your marital
relationship……
I wonder and may be you should
consider this, whether you are being
discriminated---,what do you
think……..

55. 2) Counselor SELF DISCLOSURE 3) CONFRONTATION
Goal- changing client’s attitudes & perceptions within
a professional relationship
-Analogous experiences
-common bond developed
-Reduces professional superiority
-Enhances self reflection of client
feared by lawyers
—ve effects may ensue
Functions:-
1)enhance client self
exploration & self -
understanding
2) spur action
3) ensure accuracy
Variables determining effectiveness
1)Content- (eg: park & coke plant)
2)Timing- (client self understanding & searching for
action steps)
3)Frequency
4)Duration
-Discrimination at
employment- eg:

56. STEPS IN COUNSEILING
• to identify goals;
• to evaluate currently collected data available for
realizing the goals;
• to generate alternative potential solutions;
• to evaluate each potential solution by weighing
their advantages, costs, risks, and chances of
success; (EG:PAYMENT OF WAGES)
• to decide on the best solution;
• to begin actions in accordance with the decision
made.

57. The process
• Request a problem statement
• Understand & define the problem
• Explain the problem solving process
• Explain usefulness of problem solving process
adopted
• Write down all possible alternatives from the
client(be neutral to all alt.)
• Elicit consequences of each
• Rate each of them
• Select the best option

58. INTERDISCIPLINARY SKILLS
• Systems Theory
• Legal problems are often intermixed with social,
medical, and economic problems (Coleman, 2001).
• Need to- Recognize opportunities for crisis intervention
services and other referrals.
• Cultural competence-“starting where the client is”
• acquisition of knowledge about various cultures and
traditions, and the practice of sensitivity and
acceptance of diversity.
• Strengths Perspective