ULS1612 Lesson 3 - Client Interview

ULS1612 LEGAL SKILLS Tri 3, 2016/2017
Table of Contents
Lesson 1 Client Interview ................................................................................................................. 1
1.1 Introduction ............................................................................................................................... 1
1.1.1 Nature of legal skills training ........................................................................................... 1
1.1.2 Objectives of this Lesson .................................................................................................. 1
1.2 Definition, Principles and Importance .................................................................................... 1
1.2.1 Definition ........................................................................................................................... 1
1.2.2 The principles of interview ............................................................................................... 2
1.2.3 Importance......................................................................................................................... 2
1.3 Factors and matters to consider at Client Interview ............................................................. 2
1.3.1 Factors to consider ............................................................................................................ 2
1.3.2 Matters to be decided........................................................................................................ 2
1.4 Nature of Client Interview ....................................................................................................... 3
1.5 What makes for an effective Client Interview? ...................................................................... 3
1.5.1 Lawyers .............................................................................................................................. 4
1.5.2 Clients................................................................................................................................. 4
(a) Introduction ......................................................................................................................... 4
(b) Objective ............................................................................................................................. 4
(c) The client ............................................................................................................................ 5
(d) Conclusion .......................................................................................................................... 5
1.6 Real life ...................................................................................................................................... 5
Lesson 2 Stage of Client Interview .................................................................................................. 7

2.1 Introduction ............................................................................................................................... 7
2.1.1 Objectives........................................................................................................................... 7
2.1.2 Three practical stages: ...................................................................................................... 7
2.2 Preparation and Planning ........................................................................................................ 7
2.2.1 Location ............................................................................................................................. 7
2.2.2 Approach ........................................................................................................................... 8
2.2.3 Getting Started .................................................................................................................. 8
2.2.4 Real Life ............................................................................................................................. 9
Prepared and Compiled by Tay Eng Siang, FOL, MMU

estay@mmu.edu.my Page i
2.3 Main Body................................................................................................................................ 10

2.3.1 Questioning techniques ................................................................................................... 10
2.3.2 Introduction ..................................................................................................................... 10
2.3.3 Objective .......................................................................................................................... 10
2.3.4 Classes of questions ......................................................................................................... 11
2.3.5 Funnelling technique....................................................................................................... 13
2.3.6 Conclusion ....................................................................................................................... 14
2.4 Supply of Information and Give Advice ............................................................................... 14
2.4.1 Introduction ..................................................................................................................... 14
2.4.2 Supply of information ..................................................................................................... 15
2.4.3 Give advice at first interview ......................................................................................... 15
2.4.4 Rules to follow ................................................................................................................. 15
2.4.5 Client decide what to do ................................................................................................. 15
2.4.6 Dos and Don’ts ................................................................................................................ 16
2.5 Part ........................................................................................................................................... 16
2.5.1 Introduction ..................................................................................................................... 16
2.5.2 Checklist........................................................................................................................... 16
2.5.3 Post-interview matters .................................................................................................... 17
2.6 Exercises................................................................................................................................... 18
MAIN REFERENCES........................................................................................................................ 19
OTHER RECOMMENDED READINGS ........................................................................................ 19
Learning Outcome: LO1 Display the skills in client interview. (Psychomotor, Level 2)

estay@mmu.edu.my Page ii
Lesson 1 Client Interview
1.1 Introduction
 What do lawyers do on a daily basis?

 What is a client interview?
 Why hold an interview?
 Why learn client interview skills?
 Where is the client interview held?
 How to conduct the client interview?
1.1.1 Nature of legal skills training

 Skills based training creates a rather different learning experience from the more
conventional teaching approaches which students may be more familiar.
 Skills based training is characterised by the following features:
o It is participative. You cannot learn skills by reading books. You observe, and
most importantly you learn skills by doing.
o But doing is not enough! If you are to learn from doing, you must be prepared to
analyse and reflect on your experiences.
You need to get involved in exercises and simulations, and encouraged to review
your own performance, as well as to receive feedback from peers and trainers.
1.1.2 Objectives of this Lesson

 At the conclusion of this Lesson 1, the students should be able to –
o describe the nature, purpose and importance of interviewing in the lawyer/client
relationship; and
o explain the duty to conduct an effective, efficient and professional client
interview.
1.2 Definition, Principles and Importance
1.2.1 Definition
 In almost every case in which a lawyer is instructed to represent a client, the first and
extremely important step, is the client interview (CI).
 CI is not merely meeting the client for a chat.
 CI is the vital step to getting full information, getting a real feel for the case and
ensuring that the lawyer is in the best position to advise properly as to the most
important course of action to take in the particular circumstances.
 CI therefore provides the foundation for the future conduct of the case.

estay@mmu.edu.my Page 1
 Most importantly, CI forms the basis of the relationship of the lawyer and his or her
client.
1.2.2 The principles of interview
Principle 1: You are in control

Principle 2: The client makes the decisions
Principle 3: Understand some psychology
Principle 4: Emotions matters
Principle 5: The relationship matters
Principle 6: Anticipate common problems
Principle 7: Show that you have a structured approach
Principle 8: Show that you are ethical and professional
1.2.3 Importance
When meeting a client, you are practising:

 analysis of fact,
 development of a legal theory to accommodate those facts,
 integration of fact and law to develop advice, and
 testing the validity of that advice against the reactions of the client and the feedback
of any observer.
1.3 Factors and matters to consider at Client Interview
1.3.1 Factors to consider

 Note taking
 Controlling the client
 Nervousness
 Practising your skills
 Communicating with people from all walks of life
 Body language
1.3.2 Matters to be decided

 What are the client‟s objectives?
 What is the legal framework of the case?
 What is the strength of the case?
 What evidence is there for or against the client?
 Is this an appropriate case to contest in court?
 What sort of witness will the client make?

 Could this be an appropriate case for a negotiated settlement?
 What procedural rules need to be considered?
 What alternative (legal and non-legal) solutions may there be?
1.4 Nature of Client Interview
 Legal interviewing is a task rather than a single discrete skill. In performing this task,
lawyers draw upon a repertoire of skills, including:
o Communication and interpersonal skills;
o Skills of research, reasoning and analysis;
o Finding, selection and use of facts;
o Issue of identification;
o Problem-solving;
o Strategic planning; and
o Organisation.
1.5 What makes for an effective Client Interview?
 Preparation and planning

o Legal research and legal analysis
 Effective communication with client1
 Gaining client‟s confidence
 Identifying relevant issues
 Analysing factual issues
 Identifying what information is ambiguous
 Identifying what information is missing
 Asking relevant questions
 Asking questions in an appropriate way to elicit the necessary information
 Interpreting accurately what the client says
 Using time in a structured and efficient way
1
Principles of communication for lawyers
Principle 1: Work hard to make it sound effortless
Principle 2: Do not be pompous
Principle 3: Decide what you want to say before you start
Principle 4: Decide who you want to influence to do what
Principle 5: Plan the communication
Principle 6: Make it not too long, not too short, just right
Principle 7: Use short sentences, short paragraphs and short sections
Principle 8: Be assertive not abusive

 Giving advice that is clear and unambiguous and which the client can easily
understand
 Giving proper consideration to the impact and realities of the advice offered to the
client
1.5.1 Lawyers
 For an effective, efficient and professional CI, matters relating to the following will
have to be considered:
o The individual lawyer
o Ethical considerations
o Dangers of preconceptions
o Effective communication
o Understanding what one hears
o Interpreting what one has heard
o Non-verbal indicators
o Being flexible
o Being non-judgmental and objective
 In order to conduct an effective interview with a client, a lawyer needs to give careful
consideration to the general principles as outlined.
1.5.2 Clients
(a) Introduction
 „I had no idea how difficult clients could be ….‟
o There are all sorts of questions every lawyer new to practice will be asking
themselves before meeting any client in conference.
o It is therefore necessary for the lawyer to address the questions before he or she
meets the client for the first time in order to ensure that he or she is confident in
communicating with the client professionally.
(b) Objective
 The aim of the discussion is to consider the range of different clients that every
lawyer might expect to encounter during the course of his or her career.

(c) The client

 At first blush it would be easy to assume that what is meant by the use of the word
„client‟ refers only to the lay client.
 The reality is far removed from this. There are an enormous variety of potential
clients whom a lawyer is likely to be instructed to represent.
 Not only that, there also a whole range of other individuals who can become involved
in the case.
 2 main potential clients/participants will be discussed –
o Lay client;
o Professional non-client.
 Some common difficulties with lay client:
o Reluctance to give honest answers.
o Avoiding speaking about events which cause the client to relive a painful or
unpleasant experience.
o Client is in awe of the lawyer.
o Fear
o Refusal to listen/State of denial
o Indecisiveness
o „I know a little bit‟
(d) Conclusion
 A lawyer can expect to encounter a wide range of clients from diverse backgrounds
and with varied problems.
 At all times, it is important to remember:
o Every client is different
o Every client is an individual
o Every client will have particular needs to which different considerations must be
given.
1.6 Real life
 For a lawyer new to practice, client interview will often be the first occasion on which
legal skills will have to be applied in a real and practical context.
 There are a whole range of issues, apart from the law, which must be considered.

TUTORIAL QUESTIONS
1. Communication exercise
 Listening exercise
 Facts finding exercises
2. Application for Bail
 Instructions to counsel:
Samy Ellis has been arrested by the police. He is to be charged with (i) assaulting a
police officer and (ii) carrying an offensive weapon. Unfortunately, the lawyer
appointed by his family has not had an opportunity to interview Samy Ellis in person,
but they understand that he was on his way to visit his sick mother when a van
carrying four police officers pulled up beside him. He tried to run away, and a
struggle ensued. He was then arrested and taken to the police station where he was
informed of the charges against him. Samy Ellis denies assaulting the police officer
and denies that he was carrying an offensive weapon. He intends to plead not guilty to
both charges. Apparently Samy Ellis, who is 43 years old, has three previous
convictions, two for theft and the other to do with missing a court for appearance.
 Where to start?
3. Tutorial Exercise (take home)

Each group shall prepare an interviewing checklist and submit by email to tutor (one
clear day before the next tutorial) on one of the following topics:
 Criminal (plea of guilty)

 Personal injury claim (road accident)
 A consumer or debt claim
 Family law (divorce)
4. Tutorial Exercise
 Questions on interviewing exercises will be assigned during tutorial. Since you have
already picked up the research skills in the previous lectures, you are required to do a
brief preparation of the specific topic of law which will be assigned to respective
groups.
 Do not scout for questions / tips from other earlier tutorial groups as each group may
have different areas of law.

Lesson 2 Stage of Client Interview
2.1 Introduction
 The first meeting between the client and lawyer is very important.
o It provides the basis of relationship
o It provides the necessary framework for conduct of client‟s case
 Clients will be nervous, frightened, fearful etc.
 The lawyer too will be nervous.
2.1.1 Objectives
At the conclusion of the lecture, the students should be able to:
 prepare and conduct effective, efficient and professional client interview;
 develop listening and questioning techniques; and
 provide appropriate advice and information.
2.1.2 Three practical stages:

 Preparation and planning
 Main body
 Conclusion
2.2 Preparation and Planning
 The aim of the discussion is to guide the students to undertake a thorough preparation
and planning for a client interview, giving careful consideration to the most
appropriate method of meeting the client and putting him or her at ease.
2.2.1 Location
 The lawyer must give consideration to where the interview is taking place.
 It is not unusual to conduct an interview:
o in a crowded and noisy corridor of magistrates‟ court
o through the bars of a prison cell
o on the steps of a courtroom
o in an interview besides the cells/detention rooms
 The lawyer is usually in the best position when conducting the interview in his or her
office.
 When conducting a client interview in office, the following are some points which
should be remembered:
o Inform the clerk of the time of interview. Tell the clerk the name of the client and
any other person who may attend with the client.
o Try to make sure to meet the client and show him or her into the room.
o Introduce yourself clearly. Ensure that client knows exact who you are and what
your role in the proceedings is.
o Attempt to put the client at ease. Examples:
 Ask about the journey
 Was finding the lawyer easy?
 Ask whether she would like a cup of tea or a glass of water
o Arrange the room in a way which will make the client feel most comfortable.
 Think about the sitting arrangement
o Make sure there is a place for instructing solicitor to take note comfortably.
o When the interview is under way, try to ensure that the interview is not
unnecessarily interrupted.
 Inform colleagues
 Divert phone calls
2.2.2 Approach
 A suggested approach to planning, structuring and carrying out CI is what has been
called WASP.
 WASP is an acronym which breaks the CI into 4 parts –
o W – Welcome
o A – Acquire information
o S – Supply information and advice
o P – Part
Welcome
 It is critically important to get this part right.
 It may very well be the very first meeting for the client as well as the lawyer!
 So, make sure that when the client arrives he or she is greeted and made comfortable
and he or she is not kept waiting.
 Many students refer to this process as the „meet, greet and seat‟ part of CI.
 Common courtesy dictates that the lawyer should introduce himself or herself.
 Example:
o „My name is Eric‟ rather than „My name is Mr. Eric‟.
 Explain to the client your role. Consider, should you say „I am your lawyer in this
case‟.
 Check that you have the client‟s name right and you pronounce it correctly.
o Clients can be discouraged if the lawyer does not address them properly.
2.2.3 Getting Started

 Exactly how to start depend on many different factors including:
o Nature of the case
o Time available
o Particular client involved

o Knowledge from the brief

o Whether the solicitor is present
 Most client will invariably want to know the following:

o Can I win?
o What are my chances?
o What if I lose?
o What, if any, are the alternatives?
o How much will it cost me?
 Structure the interview. There are two major advantages:

o Lawyer is limited by time: so think in advance the best order in which to deal with
all the matters that need to be addressed. The key to this is case preparation.
o Client can see that the lawyer has a clear agenda for the interview. Client should
be confident that the lawyer has:
 Read the papers and familiar with the case
 Clearly identified the areas of concern
 Recognised the expectations of the interview
 Decided on an appropriate order in which to deal with the issues.
 Golden rule: always tell the client what you are doing and explain clearly why.
 Important points to inform the client:

o A summary of the problem as the lawyer understands it;
o The exact areas of questioning that the lawyer intend to pursue, in what order and
why;
o The fact that you will be unable to advise them adequately before you have
gathered sufficient information from him or her;
o An acknowledgment that the lawyer recognises there are further or additional
matters on which the lawyer will advise.
2.2.4 Real Life

 You are representing a client with a claim for damages suffered as a result of a road
traffic accident. There is an allegation of contributory negligence.
 A suitable beginning:
Miss [ ], I understand that you were involved in a car crash 2 years ago
when you received some serious injuries. I also understand that the defendants are
claiming that you contributed in some measure to the accident and injuries you
suffered. You have come to see me today in order to get some advice on the
strength of your claim and the sort of sum you could expect to receive if we can
establish that the defendants were entirely liable for your injuries. With your
agreement, I thought it might be a good idea if I tell you the sort of order in which
I‟d like to deal with the issues in your case. This way I think will best assist us to
resolve your problems. I am fully aware that you want me to answer all the
questions raised in your case, but I hope you understand that I will only be able to

give you adequate advice once I have some more information from you. What I‟d
like to do is first to ask you questions about the accident itself.
2.3 Main Body
2.3.1 Questioning techniques

 Ideally, you want your client to tell you everything in their own words. Some clients
are capable of doing this with little prompting. Others need to be encouraged.
Developing your questioning techniques gives you the best chance of getting at all the
relevant information.
 Most interviews fall on to a continuum. At one end we have what can only be
described as an interrogation; at the other end a free flowing two-way conversation.
The closer to a conversation your interview is, the more effective it is going to be.
 In an interrogation, one of the parties is an unwilling participant. In a free flowing
conversation, both parties are willing to communicate and do so openly. In the former,
the agenda is totally controlled by the interrogator, whilst in the latter, the topics
discussed are often wide ranging.
 The danger is that if a client is unforthcoming, it is tempting to close questions down,
or use leading questions, so that the interview tends more towards the interrogation
than the conversation. Similarly, an inexperienced interviewer may move towards the
interrogation in order not to lose „control‟ of the interview process.
o How to avoid this?
Questioning techniques
2.3.2 Introduction
 An effective interview requires the lawyer to plan in advance precisely what
information he or she needs to elicit from the client.
 That is, what questions the lawyer needs to ask the client, who is the most important
source of information.
 The planned questions will enable the lawyer to do two things simultaneously –
o exploit the client as the source of information; and
o have concern for the client as a human being.
2.3.3 Objective
 The objective of this discussion is to help the students have a picture of the different
types of questions that are at the lawyer‟s disposal.

2.3.4 Classes of questions

 Yes/No questions
o Simplest form, but most limiting. The answer is a straightforward affirmation
or denial.
o Example:
 Q: Your name is Justin Bieblur, isn‟t it?
 A: Yes.
 Q: Are you married?
 A: No.
o Disadvantages
 Limited replies
 Full picture may not be revealed
 Discourage clients from putting things in their words
o Advantages:
 Control over amount of information
 Closed and semi-closed questions

o Allow the lawyer to control the answer that the client will give to the lawyer
o Answers are short-length : a phrase or single word will often suffice or „don‟t
know‟
o Examples
 Q: What is your name, please?
 A: Wayne Rowdy
 Q: When did you leave your wife?
 A: 1 July 2006
 Q: You then moved with your friends, first Vicky and then Barbra.
 A: Barbara first and then Vicky
o Advantages
 Offer guidance as to the sort of answers expected
 Indicate to the client the amount of information expected.
 Assist the lawyer to control client, particularly talkative client
o Disadvantages
 Client will limit answers
 Will not give full picture
o When to use
 Appropriate and useful when the lawyer wants a client to –
 fill in details
 Clarify certain matters
 Confirm instruction
“To discourage the client from talking, use closed questions.”

 Open questions
o Allows the client freedom to speak at some length and on a wide choice of
topics.
o Allows the lawyer to discover what is on the client‟s mind, rather than forcing
the client to respond to the lawyer‟s agenda.
o Invites the client to narrate or explain using his or her own words.
 Better than closed questions to obtain a narrative from the client.
o Disadvantages
 Answers are long
 Answers can divert from original topic
 Lead to large amount of information
o What, why, how, when, where questions
o Examples:
 What happened?
 Why did you think that?
o Further examples:
 Q: What was your relationship with your wife like?
 Q: Why do you blame yourself for the breakdown of communication?
 Q: How do you account for the financial problems that you were both
facing following the birth of your third child?
o General
 Tell me about your lifestyle before the accident?
o Specific
 What sort of sporting activities did you enjoy before the accident?
“To encourage the client to speak, use open questions.”
o The amount of detail and the honesty with which they answered depend upon
the client‟s willingness to be open with the lawyer.
o On most occasions, the client will respond with large chunks of information
that will require further explanation and expansion.
o Therefore, open questions do not readily allow the lawyer to exert control and
interruptions must be handled with care.
o Too many interruptions will jeopardise rapport.
 Semi-open questions
o Can be most useful to the lawyer.
o Combine the advantages of closed and semi-closed questions with open
questions.
o The lawyer selects and imposes limits upon the answer expected
o Examples:

 Q: Please tell me what you were doing on 25 June 2006 between 2.00
pm and 4.00 pm.
 Q: What did you tell your roommate in the telephone conversation?
 Q: What did he say to you when he returned to the room?
o Each question gives the client a clear picture of what type of information is
sought, but leaves the client sufficient freedom to give detailed replies.
 Leading questions – first type

o Encourage the client either to agree or disagree with a statement made by the
questioner
o Putting words into the mouth of the person being questioned.
o Examples
 Q: You were not the person whom the security guard saw in Computer
Lab 5 at 8.00 am on 25 June 2006, were you?
 A: No, it wasn‟t me.
 Q: Because you were still in bed as it was 8.00 in the morning?
 A: That‟s right.
 Leading questions – second type

o Offers a choice of answers
o The answer is being suggested in the question.
o Example:
 Q: Were you wearing a red or green jacket that morning?
 A: A dark green one.
 Q: Did you or didn‟t you take the train to work?
 A: I did.
2.3.5 Funnelling technique
 The idea behind funnelling is to work from the general to the detailed.
Open
Semi-Open
Closed

 In some situations, it might be helpful to use the „inverted funnel‟.
Yes/No
Closed
Semi-Closed
Semi-Open
Open
2.3.6 Conclusion
 During interview, the lawyer is faced with many concerns and stresses and the
selection of appropriate form of question can become laborious.
 There is a danger that the communication between lawyer and client become staid or
awkward.
 Two important points to note:
o Practice is essential
o Planning will great assist the lawyer.
 Key to success:
o Practice and flexibility in planning
2.4 Supply of Information and Give Advice
2.4.1 Introduction
 It is important to remember that a lawyer does not give advice until he or she has a
full a picture as possible of the client‟s situation.
 Clients generally are not aware of what is legally relevant or they may unwilling to
give the lawyer certain information.
 It may well take more than one interview to get all the relevant information, but the
lawyer need to bear in mind –
o that meetings with clients are costly; and
o the lawyer may look less than competent if he or she have to keep arranging
meetings with clients to should questions which should have been asked at the
beginning.

2.4.2 Supply of information

 Before giving the client advice in a first interview, the following matters will have to
be considered by the lawyer –
o whether the facts fit the law;
o the merits or otherwise of the case;
o what has to be proved;
o legal and non-legal options;
o the risks involved in proceeding;
o the costs;
o details of the services provided by the firm
o contact arrangements;
o what happens next and by when; and
o things the client has to do.
2.4.3 Give advice at first interview

 As the client tells his or her story, the lawyer will have to fit the fact with the law.
 Once the lawyer is satisfied that he or she has as full a version of the facts as possible,
he or she should be able to give a preliminary opinion on the client‟s legal position.
 However, in some situations the lawyer should be able to give more detailed advice.
 For example, where the client wants the lawyer to perform a specific task, such as
deal with the sale and purchase of a property or draft a will, the lawyer should be able
to obtain sufficient information on which to provide detailed advice and to set out a
plan of action.
2.4.4 Rules to follow

 There are 2 rules to follow when explaining legal issues to a client –
o explain legal matters in ordinary language
 it is no use if the client does not understand what is explained;
 do not overload the client with too much details too quickly
o relate the explanation to the client‟s own situation in such a way as to make it
clear how the law sees the problem
2.4.5 Client decide what to do

 It is the client to decide what he or she wants to do.
 However, in any situation there is always more than one course action available to the
client.
 The lawyer‟s role then is to help the client decide which course of action is most
likely to help him or her achieve the intended objectives.

 Any course of action will have costs, benefits and risks attached to it.
 So, it is the lawyer‟s job to ensure that the client fully understands what these are.
2.4.6 Dos and Don’ts
Dos
 set out all the options available to the client, once the lawyer has enough
information
 give clear information about costs
 give clear information about standards of client service
 develop the skills of explaining issues in plain English for lay clients
 make sure that the legal explanations the lawyer give fir the client‟s circumstances
Don’t
 assume that all information the lawyer needs is there at the first meeting
 make the client‟s decision for them
2.5 Part
2.5.1 Introduction
 It is important that at the end of the interview, the client has provided all relevant
information and has been advised of his or her –
o legal and non-legal options;
o costs of proceedings;
o risks of proceeding or not proceedings; and
o level of service to expect from the firm
2.5.2 Checklist
 Confirm that the client wishes to instruct the lawyer/firm and understands the course
of action to be taken;
 Confirm that the client is aware of the costs and risks involved;
 Confirm that the client knows how to contact the lawyer/firm;
 Confirm that the client is aware of any action he or she has to take and by when it
needs to be taken;
 Explain that the lawyer/firm will write to the client summarising the matters within a
certain number of days.

2.5.3 Post-interview matters

 Most lawyers will have a preference for the way in which to attend to post-interview
matters.
 These matters include –
o open a file
o confirm instructions by letter to the client
o diarise time limitations
o take steps to preserve evidence where appropriate
o document all work undertaken on the file
o keep track of (and keep the client advised of)
o systematically monitor the file
 Confirm instructions by letter
o After an interview (within a day or two if possible), a letter is sent to the client to
confirms matters discussed in the interview.
o The letters should not be legalese; make letters as clear and as plain as possible
 Observe limitation periods
o If the matter is litigious, lawyers need to check on the applicable statute of
limitation period.
 Protect and preserve evidence
o It is necessary to take proof of evidence from the client and other witnesses and to
protect and preserve other evidence.
 Document work undertaken on the file
o Lawyer should be able to give a detailed account of the work undertaken on a
client‟s behalf.
o Every item of work (including the content and duration of telephone calls) should
be thoroughly documented.
 Clients are entitled to be informed of the progress of his or her file.
 When the matter is completed, the lawyer is required to prepare and
deliver an itemised account to the client
SUMMARY
Preparation for the Interview

 The interview plan
 Structure
 Introduction
 Questions from the client
 Personal details
Main Body of the Interview

 Questioning techniques
o Yes/no questions
o Closed questions
o Open questions
 Which type of questioning technique should be used?
 One question at a time
 Planning the questions
 Listening
 Giving advice
 Taking instructions
Conclusion
 Summary
 Farewell
2.6 Exercises
Towards the end of this lessons, all registered students will have to take part in practical
client interview either play the role as lawyer or client. Topics (and area of law) will be
assigned randomly and the groups will need to record the whole client interview session for
critical assessment.
Brief instructions on how to conduct the client interview will be given in due course.

MAIN REFERENCES
1. Bobette Wolski, David Field & John Bahrij, Skills, Ethics and Values for Legal Practice
(Lawbook Co., Thomson Reuters, 2009) 121-214 (Chapter 3).
(ISBN 9780455225920)
2. Fiona Boyle, Deveral Capps, Philip Plowden, Clare Sanford, A Practical Guide To
Lawyering Skills (Cavendish Publishing Limited, 3rd edn, 2005) 241-256 (Chapter 8).
(ISBN 13:978-1-859-41975-5; ISBN 10: 1-85941-975-5)
3. Hugh Brayne & Richard Grime, The Legal Skills Book - A Student’s Guide to
Professional Skills (Butterworths, 2nd edn, 1998) 91-179 (Chapter 3)
(ISBN 0 406 9 0415 4) 91-179
4. Lecture outline for Client Interview prepared by Mr. Mohammad Hafiz bin Hassan in
Tri 3, 2010/2011.
OTHER RECOMMENDED READINGS
Books
Binder D A, Bergamn P, Price S C and Tremblay P, Lawyers as Counsellors: A Client-
Centered Approach (West Publishing, St Paul, Minn American Case Book Series, Minn,
3rd ed, 2004).
Bolton R, People Skills: How to Assert Yourself, Listen to Others, and Resolve Conflicts
(Simon & Schuster, Brookvale, NSW, 1987).
Caroline M and Julian W, Lawyering Skills and the Legal Process (Butterworths, London,
1995)
Chapman J, Interviewing & Counselling, Cavendish Legal Skills Series (Cavendish, London,
2nd ed, 2000)
Chay A J and Smith J A, Legal Interviewing in Practice (LBC Information Services, Sydney,
1996)
Egan G, The Skilled Helper: A Problem-Management Approach to Helping (Brooks/Cole,
Pacific Grove, California, 5th ed, 1994)
Egan G, The Skilled Helper: A Problem-Management and Opportunity to Helping
(Brooks/Cole, Pacific Grove, California, 6th ed, 2006)
Hugh B and Richard G, The Legal Skills Book, A Student’s Guide To Professional Skills
(Butterworths, London, 2nd edn, 1998)

Lauchland K A and Le Brun M J, Butterworth Skills Series, Legal Interviewing: Theory,

Tactics and Techniques (Butterworths, Sydney, 1996)
Lewis G D, Kyrou E J and Dineli A M, Handy Hints on Legal Practice (Lawbook Co.,
Sydney, 3rd ed, 2004)
Milar R, Crute V and Hargie O, Professional Interviewing: International Series on
Communication Skills (Routledge, London, 1992)
Neil G, Karl M, Wiliam T, Learning Lawyers’s Skills (Butterworths, London, 1989)
Phillip A J, Lawyers’ Skills (Blackstone, London, 1993)
Articles
Bryant S, “The Five Habits Building Cross-Cultural Competence in Lawyers” (2001-2002) 8
Clinical Law Rev 33.
Burton A O, “Cultivating Ethically, Socially Responsible Lawyer Judgment: Introducing the
Multiple Lawyering Intelligences Paradigm into the Clinical Setting” (2004-2005) 11
Clinical Law Rev 15.
Cochran R F, “Introduction: Three Approaches to Moral Issues In Law Office Counseling”,
papers from “Symposium: Client Counselling and Moral Responsibility” (2002-2003) 30
Pepp L Rev 591.
Dinerstein R, Ellmann S, Gunning I and Shalleck A, “Legal Interviewing and Counselling:
An Introduction” (2003-2004) 10 Clinical Law Rev 281 at 303.
Dinerstein R, Ellmann S, Gunning I and Shalleck A “Connection, Capacity and Morality:
Dialogues and Commentary” (2003-2004) 10 Clinical Law Rev 755.
Gantt L O N, “More Than Lawyers: The Legal and Ethical Implications of Counseling
Clients in Non legal Considerations” (2004-2005) 18 Geo J Legal Ethics 365.
Kruse K R, “Fortress in the Sand: The Plural Values of Client-Centered Representation”
(2005-2006) 12 Clinical Law Rev 369.
Luban D, “Tales of Terror: Lessons for Lawyers from the War on Terrorism” (Paper
presented at the Third International Legal Ethics Conference, Gold Coast, Australia, July
2008).
Smith L F, “Client-Lawyer Talk: Lessons From Other Disciplines” (2006-2007) 13 Clinical
Law Rev 505.
Smith L F, “Interviewing Clients: A Linguistic Comparison of the “Traditional” Interview
and the „Client-centered‟ Interview” (1994-1995) 1 Clinical Law Rev 541.
St John W D, “You Are What You Communicate” (1985) 64 Personnel Journal 40.
Tremblay P R, “Interviewing and Counseling Across Cultures: Heuristics and Biases” (2002-
2003) 9 Clinical Law Rev 373.

ULS1612 Lesson 3 - Client Interview

Uploaded by

Document Information

Original Description:

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

ULS1612 Lesson 3 - Client Interview

Uploaded by

Copyright:

Available Formats

ULS1612 LEGAL SKILLS Tri 3, 2016/2017

Lesson 2 Stage of Client Interview .................................................................................................. 7

Prepared and Compiled by Tay Eng Siang, FOL, MMU

2.3 Main Body................................................................................................................................ 10

Prepared and Compiled by Tay Eng Siang, FOL, MMU

Lesson 1 Client Interview

 What do lawyers do on a daily basis?

1.1.1 Nature of legal skills training

1.1.2 Objectives of this Lesson

1.2 Definition, Principles and Importance

Prepared and Compiled by Tay Eng Siang, FOL, MMU

1.2.2 The principles of interview

Principle 1: You are in control

When meeting a client, you are practising:

1.3 Factors and matters to consider at Client Interview

1.3.1 Factors to consider

1.3.2 Matters to be decided

 What sort of witness will the client make?

1.4 Nature of Client Interview

1.5 What makes for an effective Client Interview?

 Preparation and planning

Prepared and Compiled by Tay Eng Siang, FOL, MMU

Prepared and Compiled by Tay Eng Siang, FOL, MMU

(c) The client

1.6 Real life

Prepared and Compiled by Tay Eng Siang, FOL, MMU

2. Application for Bail

3. Tutorial Exercise (take home)

 Criminal (plea of guilty)

Prepared and Compiled by Tay Eng Siang, FOL, MMU

Lesson 2 Stage of Client Interview

2.1.2 Three practical stages:

2.2 Preparation and Planning

2.2.3 Getting Started

Prepared and Compiled by Tay Eng Siang, FOL, MMU

o Knowledge from the brief

 Most client will invariably want to know the following:

 Structure the interview. There are two major advantages:

 Important points to inform the client:

2.2.4 Real Life

Prepared and Compiled by Tay Eng Siang, FOL, MMU

2.3 Main Body

2.3.1 Questioning techniques

Prepared and Compiled by Tay Eng Siang, FOL, MMU

2.3.4 Classes of questions

 Closed and semi-closed questions

“To discourage the client from talking, use closed questions.”

Prepared and Compiled by Tay Eng Siang, FOL, MMU

“To encourage the client to speak, use open questions.”

Prepared and Compiled by Tay Eng Siang, FOL, MMU

 Leading questions – first type

 Leading questions – second type

2.3.5 Funnelling technique

Prepared and Compiled by Tay Eng Siang, FOL, MMU

 In some situations, it might be helpful to use the „inverted funnel‟.

2.4 Supply of Information and Give Advice

Prepared and Compiled by Tay Eng Siang, FOL, MMU

2.4.2 Supply of information

2.4.3 Give advice at first interview

2.4.4 Rules to follow

2.4.5 Client decide what to do

Prepared and Compiled by Tay Eng Siang, FOL, MMU