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INTERVIEWING

AND

ADVISING

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OVERVIEW

An interview is a conversation designed to achieve a purpose.

The client wants advice from the lawyer.

The lawyer requires certain information from the client in order to advise the client.

The lawyer and the client must jointly decide what should be done to progress the case, and what each of them must do to contribute to this process.

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INTRODUCTIONIn addition, the lawyer must ensure that the client has been informed of and understands certain points, including:

How much the client will have to pay for the lawyer’s services. What the lawyer can and cannot do for the client. What further information the lawyer needs from the client and why

this information is needed. What steps the lawyer proposes to take on the client’s behalf. The timeframe within which these steps will be taken. The prospects of success in the client’s case (including the

strengths and weaknesses of the client’s case).

If the client has not clearly understood these important issues, he may become frustrated or angry at a later stage if the case does not proceed according to his expectations. It is the lawyer’s role to manage the client’s expectations!!

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PREPARATION

Purpose of meeting:

Obtain as much information from the client as possible about the nature of the legal issue on which they want your advice.

If possible, handle the first enquiry from the prospective client yourself.

If dealing with a corporate client, carry out some research into the client’s company.

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PREPARATION

Ongoing work for client?

Which lawyer is handling it?

Retrieve previous files.

If the client has been referred from a colleague, speak to that colleague about the work being carried out for the client.

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PREPARATION

Plan an agenda.

What are the client’s general interests and specific aims?

Avoid interruptions (e.g. phone calls).

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OPENING

Greet client, preliminary small talk.

Good morning / good afternoon …

I am … and this is my colleague Mr./Mrs./Ms. …

Is this your first visit to …?

I hope you had no trouble finding our office?

Would you like a cup of tea/coffee?

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OPENING

Identify client’s general interest/concerns on the one hand and the client’s specific aims/goals on the other hand.

How can I help you?

I understand that you would like some advice on …? Perhaps you could tell me a bit about the background.

OK, we should start with you giving me some information

about the case. After that we can discuss what might be done and then we can think about the way forward. Do you mind if I make a few notes as we’re talking?

I think we should start with … Then we can go on to look at … Is that OK with you?

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OPENING

Explain what can be done for clients, fees.

I should mention at this point how this firm’s charging system works. We charge by the hour and my hourly rate is …

I should let you know what our charges are likely to be. A realistic estimate for carrying out this kind of work would be …

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LISTENING & QUESTIONINGListen actively to client and show understanding.

Perhaps you could tell me a bit about … Maybe you could give me some background information … OK, perhaps you could tell me what happened … Tell me more about that. What happened next? You told me that …

Can I just stop you there for a moment? I’d like to clarify … Perhaps I should make that clearer by saying … Perhaps we should just go over that issue again … If I might just interrupt you for a moment, I’d like to …

OK, I think we’ve covered that point. Let’s move on to the question of … OK, I think I understand that issue. Perhaps you could tell me about …

What would be an ideal outcome for you? Perhaps you could let me know what your priorities are in this matter. What would you like me to do for you, ideally?

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LISTENING & QUESTIONING

Ensure a natural flow of conversation, avoid a series of highly specific questions. Clients do not enjoy being interrogated!

Take notes.

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SUMMARIZESummarize client’s concerns and goals.

Let me see if I’ve got this right. You told me that …

OK, we’ve identified about three or four issues which we need to focus on.

To sum up, there seems to be …

OK, I think the key points are …

What you told me about … seems to me to be important.

The central issues are …

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SUMMARIZE

Summarize relevant facts and /or deficiencies in the available facts.

Avoid giving premature legal advice.

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ADVISING

Outline the relevant law. The legal position is as follows …

Apply the law to the client’s problem. This questions is governed by the law of …

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ADVISING

Outline the legal and non-legal options.

You have two or three options here. The first is …

The best thing to do, from a legal point of view, would be to …

However, we should also consider the non-legal factors such as …

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ADVISINGDiscuss the available options with the client and help him reach a decision if appropriate.

Your first option would be to … The main benefit of taking that course is … There are some issues to consider and these are …

One issue which I would advise you to give some thought to is …

My advice on that matter is ...

Incidentally, you should also consider the question of … I am not a specialist in that field, but my colleague would be

very happy to advise you on it. Would you like me to arrange an appointment for you?

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CONCLUDING

Confirm whether lawyer is to be retained. I would be more than happy to handle this case

for you. Perhaps you could let me know how you wish to proceed?

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CONCLUDING

Describe follow-up action to be taken by lawyer. What I will do now is … (e.g. write to X). I will do this by

[date]. These are the steps we are going to take … These will be

completed by [date]. Then we will …

Describe follow-up action to be taken by client. Could you let us have [e.g. the following documents] … by

[date]. As soon as I have heard from you / received from you the

… then I will be in a position to …

Give clear timeframes for actions and future meetings.

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CONCLUDING

Conclude interview appropriately.

I think that covers everything we need to discuss today, unless there’s anything else you would like to discuss?

That seems to cover everything. Are there any other matters you would like to discuss / any matters you would like further information about?

Thanks for coming in to see us today. Don’t hesitate to phone or send me an email if you have any questions / need any information. If I’m out, my secretary/assistant/colleague Mr./Mrs./Ms. … would be glad to help you.