The document outlines the key aspects of interviewing and counseling in legal practice, emphasizing the importance of understanding the client's case and establishing rapport. It highlights techniques for effective communication, including active listening and the proper questioning approach. The primary goal is to gather factual information while maintaining confidentiality and ensuring the client's confidence in the legal representation.

1. Teaching Interviewing and Counselling for Legal
Practice.

2. Presentation
by
Maj. Gen. Nilendra Kumar,
Director,
Amity Law School, Noida

3. Legal practice
is
practice of law

4. Legal practice is always in relation to a client.

5. Client may be an individual, corporate
government or a class of persons.

6. Law professions often interview and counsel
clients.

7. Interviewing will precede counselling

8. The practice of law involves rendition of legal
clients to clients, drafting legal documents and
representing them in legal negotiations and
court proceedings.

9. Hence, a lawyer has to understand the case
of his client, in other words the facts.

10. The facts are nine tenth of law

11. Correct assimilation of facts would help proper
study of the issues involved, decide legal remedy
and proper prayer to be made.

12. Primary object of interviewing is to find out the
facts of the case.

13. Other purposes
1. To ascertain his capability to stand in the
witness box.
2. To let the client gain confidence in the lawyer.

14. The process of giving advice, opinion or
instruction with regard to a cause in a court.

15. Counselling may as well be with regard to a
matter that may not have reached a court of
law.

16. 1. As far as possible, ascertain the nature of case
prior to interviewing.
2. Make an arrangements to record the facts.
3. Do it in the chamber, if feasible.
4. Maintain confidentiality.
5. Keep interpreters standby, if required.

17. Generally the single most important factor in
building rapport is the ability to listen.
Show empathy to the client. Try to win his
confidence.

18. What questions to ask
Five Ws
What
Why
Where
When
Who

19. If there has been an earlier litigation, or one is
pending, get complete details.

20. No unnecessary persons to be present during
the interviewing/counselling session.

21. 1. Advice the client in a sequential manner.
2. Let the client speak.
3. Do not interrupt unless necessary.
4. Do not be impatient or in a hurry.
5. Avoid leading questions
6. Do not appear patronizing or judgmental.
7. Never poke fun or be sarcastic.

22. May be carried out in more than one session, if
it involves detailed scrutiny of documents,
statutory provisions or case law.

23. The legal options be explained with merits
and demerits of each together with time and
monetary costs/consequences.

24. Explain the time available or urgency, if there is
a need for it.

25. Proper interviewing and counselling would
induce the client to appear confident that
he/she is in safe hands.