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Assignment On Client Interview and Counselling
Assignment On Client Interview and Counselling
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Law Center 1, Faculty Of Law, University of Delhi
SUBBMITTED BY SUBBMITTED TO
SECTION - G
SECTION ONE
Please read the following questions and answer them briefly in the space provided.
1. Before you meet the 'client' describe briefly:
A.What are the objectives of the interview ?
Secondly, there is an ethical code of conduct and practice that should be adopted by every legal
professional. A client must be made aware of these practices which include confidentiality,
potentially conflicting interests, billing or payment, administrative terms, and other office policies.
The legal professional can initiate small talks with the client. This will help in establishing a good
rapport. While initiating these talks, a lawyer can easily shift to make the client familiar with the
roadmap of the interview. This will assist the client to know how the meeting will proceed and what
he/she can expect out of this meeting. Moreover, this road map is very helpful in keeping the
conversation on track and avoiding any kind of confusion.
3. Gathering of information
This is the most crucial step in a client counselling process. Now it is time for the lawyer to sit quietly
and listen to the client uninterruptedly. Here, the client should be allowed to speak and disclose all
the facts including the facts which are embarrassing and negative. The lawyer should initially ask
open-ended questions so that the client has the freedom to describe his/her problems. There might be
a possibility of losing out significant information if only relevant questions are asked in the initial
meeting.
It might happen that during the meeting the client will try to shift the conversation and deviate from
the main issue. This might be because the facts are quite revealing and the client is not comfortable.
Here, a lawyer should try to keep the conversation on track and try to comfort the client otherwise
significant information may be missed out.
While the client speaks, a lawyer should note down all the important dates, locations, names, etc
which may require follow-up clarifications. After this, the lawyer should proceed towards asking
closed-ended questions. These questions can be used to seek clarifications or to fill in the important
details which either were not told by the client or missed by the professional.
After carefully listening to the client, the lawyer begins to analyze the facts provided and makes the
client understand potential legal issues involved, their plausible solutions, and discusses the risks and
benefits related to them. Before the interview, a lawyer should always conduct basic research that
will prepare him for the session. Moreover, it will help him to make his client describe some research
and how the laws may apply to the client’s problem. So at this point, the lawyer may begin to frame
discussions around the potential legal issues involved in the case.
While explaining to the client about legal rights, responsibilities, risks, and benefits related to the
case, the lawyer must keep in mind the goals, values, and expectations of the client. The lawyer can
discuss legal as well as non-legal approaches to resolve the client’s case. While the discussion takes
place, the lawyer should create a list of documents that would be required to be obtained and
reviewed to further decide the course of proceedings and analyse the case.
After analysing the facts of the case, the lawyer will begin to conclude the meeting. The meeting
should not be concluded abruptly. Here, the lawyer will thank the client for taking out his precious
time to speak to him. Moreover, he will remind the client about the further steps and future course of
proceedings in brief. Finally, the lawyer will let the client know about the availability for further
conversations and discussions.
B.Describe briefly how you plan to structure the interview (topics, order, time, etc.):
Answer:
1. Welcome the client. Greet, seat and introduce yourself. Make sure the client is comfortable.
2. Create an effective working environment. Make sure there will be minimal interruptions:
switch off telephones, and tell others not to disturb you during the interview.
3. Encourage the client to put forward his or her perceptions.
4. Listen, without interrupting, if at all possible.
5. Remember that listening also involves noting non-verbal communications.
6. Reflect on what you are being told, through paraphrasing and questioning.
7. Question more deeply to establish salient facts, clarify ambiguities and check relevance.
8. Summarise your findings.
9. Allow the client the chance to ask questions, clear doubts or express anxieties.
10. Outline the options, both legal and non-legal.
11. Assist the client in making an informed choice of action.
12. Take instructions.
13. Explain any follow up to be undertaken by the lawyer, including costs involved.
14. Confirm that the client agrees to the course of action.
15. Check if there is any other business.
16. Provide an idea of timescales.
17. Conclude.
18. Say goodbye and show the client out.
C.What have you learned from your reading about interviewing that you intend to practice or
avoid?
Answer:
intend to practice
1. Be prepared
The lawyer should always be prepared beforehand. He should do his background research on
problems faced by his prospective client. This will enable him to know all the relevant laws, cases,
and procedures of the courts and he will be in a better position to guide his potential client regarding
the future course of proceedings. Moreover, this will help the lawyer to prepare the set of questions to
be asked during the counselling session and will save a lot of time. Subsequently, this will build a
good rapport with the lawyer in front of the client as well.
2. Maintain professionalism
It’s important to maintain professionalism. The lawyer should maintain his code of conduct during
the interaction with the client. The relationship between a lawyer and a client is based on trust.
Therefore, he should maintain the trust of his client and the confidentiality of the information shared.
The importance of the way the lawyer conducts himself in front of the prospective cannot be
emphasised enough. His body language should not be dominating or arrogant. He should dress
appropriately, watch his language, be courteous, kind, and most importantly, be punctual. It is
important to value the time of his client.
3. Active listening
The lawyer should be engaged in listening to the client actively. It is important to listen and make
note of the facts that help to identify the answers to 4 Ws – “where”, “why”, “when” and “who” of
the client’s case. Moreover, asking questions during the interaction will make the client think that the
lawyer is interested in the case.
4. No biases
There are different types of clients coming from different backgrounds and cultures. While
understanding and analysing the facts, the lawyer should eliminate all personal judgment and biases
and simply listen to the client’s issues without any preconceived notions.
5. Manage expectations
The lawyer should know the goals, values, and expectations of the client. The lawyer must refrain
from making any false promises. If the client asks about the likelihood of success of the case or the
time involved, it is important to remember that this will depend on many factors which are not in
control of anyone. So, a lawyer should not build any unreasonable and false expectations.
7. Empathise
Empathy means understanding the problems faced by the client. The lawyer should empathise with
his client. He will be in a better position to understand the problem if he steps into the shoes of his
client. However, empathy should not be mistaken for sympathy.
Always end the session with a good follow-up. Ask the client, “Are there any facts which I should
know?” This can help since there may be some facts that the client may not be able to remember
initially.
Moreover, a lawyer can provide some document or a business card containing his information to the
client so that he can make a well-informed decision for further counselling. The lawyer can also ask
for feedback and talk about his availability for future discussions and conversations.
Avoid
3.A. What in brief are the key facts of the client's legal problem?
Answer:
● But after many attempt when payment was not made by Mr.x
Answer:
● Recovery of money under
order -37 of civil
procedure code
C. Were there other facts in the case which seriously concerned the client but which were
not related to the legal issue(s)?
Answer:
● The mental condition of my client due to huge goods sell on credit on basis of trust.
4.A. List the other possible outcomes in this case:
Answer:
● There is no other possible outcome of the case.
The most possible outcome is that my client will get an decree under Summary suit or summary
procedure is given in order XXXVII of the Code of Civil Procedure, 1908.