Questionnaire for Interviewers

Name – ADITYA RANJAN

Class roll no. – 216551
Section – G
Semester – 5th
Exam roll no.- 19310806061
(Partner's Name)- SATENDRA KUMAR (216561)
Date of interview – 03/02/2022
SECTION ONE
(To be completed before you conduct the interview)
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?

Answer:
● Firstly, making the client feel comfortable and the client's satisfaction considering the
fact that coming to the court is in itself overwhelming for a major chunk of the
population in our country.
● Making sure the client is able to present his problem freely and without any fear of
judgement, social or otherwise.
● Clearing client's doubts regarding the legal procedure that is going to be followed in his
case without going into a lot of detail.
● To extract as much as possible via a line of questioning that the client feels relaxed
around. It should not come across as an interrogation.
● To communicate all the possible outcomes and options to the client and making sure he
understands them so that he can take an informed decision about how to proceed
further.

B. Describe briefly how you plan to structure the interview (topics, order, time, etc.):
Answer:
● Scheduling a time as per the court's timing so I can give complete attention and not be
disturbed due to other tasks that are lined up for the day.
● Establishing a rapport with the client and not jumping straight away into the line of
questioning. Throwing in a little casual conversation helps in achieving this.
● Trying to extract as much detail as possible in the first instance itself.
● Exploring and emphasizing on the client's version of facts.
● Explaining the legal procedure to the client without delving into much detail.
● Preparing necessary documents required to move ahead with the case. Plus, providing
the client with a list of personal documents that are going to be needed as the case
moves along.
● Establishing contractual relationship and allotting a time slot to the client when he can
contact me further in case there are doubts.
C. What have you learned from your reading about interviewing that you intend to practice or
avoid?
Answer:
● Having control over the conference.
● Types of listening like active listening, passive listening.
● How to build rapport and trust with client.
● To not get lost into unnecessary detail and focus on collection of information as a
parallel process.
● Clients tend to provide facts in a haywire manner, so try to structure them.
● Not forming biases beforehand and not giving in to stereotypes.
● Lawyers should not lose his temper in any situation during litigation.
● Saving difficult questions for later for that might be overwhelming for the client. If need
be then try to ask whatever is required ensuring along with that client is not
uncomfortable.
● Not rushing the process owing to poor timekeeping.
● I learnt a lot through this learning like how to deal with clients and their problems also
how to make rapport and trust with them. I intend to practice because it is a noble
profession which aims to serve society.

D. What is your role in the interview and what standpoint do you wish to adopt?

My role is as a lawyer in the interview. My standpoint will be section 33 of the special relief act,
1963, in which court may grant the direction to restore the money from minor.

SECTION TWo(To be completed after the Interview)

2. In your conduct of the interview how well/poorly do you think that you performed the
following?
● Very Well Well Average Not well Poorly
● Placing client at ease ✓
● Empathizing with the client ✓
● Eliciting facts ✓
● Checking facts and changes ✓
● Explaining law ✓
● Advising about implications ✓
● Agreeing follow up ✓
● Reassuring client ✓
● Note taking ✓
● Time management ✓

B. What, if any, ethical or moral issues did you encounter?

Answer :
 ● The client appeared to be not financially sound but still offered the fees and there was a
factor of guilt while accepting it.
● The client was from a lower middle class and due this pandemic his financial situation
was not so good but he was able to pay my fee so I will charge half of fee during hearing
and rest after completion of case.
● The client was from my village. I had a general sense of kinship toward him and that
could cause me to take the case personally and not handle it professionally.
● It's upsetting to see how people who are supposed to work for the people, are bent on
working for themselves first.

3. A. What in brief are the key facts of the client's legal problem?
Answer:

● Contract made by my client was void.

● He was misinformed about the owner of property.
● He was ill treated when he went to ask for his property.
● He was cheated by fraud.

B. What is / are the legal issue(s) involved?

Answer:
● Whether a party who, when a minor, has entered into a contract by means of a false
representation as to his age, whether he be defendant or plaintiff, in a subsequent
litigation, refuse to perform the contract and at the same time retain the benefit he may
have derived therefrom?
● Whether a minor who, by falsely representing himself to be a major, has induced a
person to enter into a contract, is stopped from pleading his minority to avoid the
contract?

C. Were there other facts in the case which seriously concerned the client but which were not
related to the legal issue(s)?
Answer:
● Minor denied to return the money but his father didn’t take any stand.
● Client had absolutely no knowledge about how property deal is done.
● Minor’s father is a property dealer but he had no knowledge about this deal.
● There was no any agreement paper.

4. A. List the other possible outcomes in this case:

Answer:
● If minor’s father is agree about this deal, contract will valid.
● Court may give direction to restore money.
● If he is not minor , compensation may be granted.
B. Which in your opinion is the most likely outcome?
Answer:
The client will get his money back and the court will allow for compensation.

C. What is/are the client's desired outcome(s)?

Answer:
Client desired outcome is to get that property and to get justice about the ill treatment he
suffered.

D. What are the main obstacles, if any, to this/these being achieved?

Answer:
● Lack of strong evidence since there was only one witness and a digital receipt without
signature.
● Client not being able to appear regularly because he's a daily wage worker which might
cause the case to take longer than usual.

E. How will it / they (client's desired outcome(s)) be achieved?

Answer:
● Collection of records from the bank.
● The client taking some responsibility alongwith the advocate to make sure the inquiry is
on track.
● If the father of minor agree with this deal then it will be a valid contract.
● Timely order from the court so that further steps may be taken if necessary.

F. What alternative strategies were available?

Answer:
● Filing a suit for restoration of money in specific relief act.
● Mediation , out of the court settlement

5. A. What did you learn from the interview?

Answer:
● Most people are usually nervous and overwhelmed when it comes to coming to a court.
● Always make rapport with client.
● Be amiable and create trust.
● A client would always give you information in a haywire manner. It's your job to
construct it and extract details.
● Ask questions that show you are genuinely interested and engaged in the client’s
problem.
● Always make sure you're doing your best at the client being comfortable around you.
Talk to them in the language they understand.
● Do not come off as unsympathetic.
 ● Don't try and explain the client the law. They are not interested and may find it
intimidating.

B. What did the interview remind you of from your previous reading about interviewing?
Answer:
● Communication function has the following 3 elements:
1.Building Trust & Rapport with the client.
2.Listening during the interview.
3.Gathering facts & ascertaining the client's problem & Legal position.
● Actually Listening:
Anyone can nod, smile, and say “right” or “exactly” over and over, but how many people
actually listen? Interviews are especially tricky because you do need to be listening to
your interviewee's answers while mentally preparing notes that'd help in your case.
● Personal Awareness:
You don't necessarily have to know the client personally. But you ought to figure out a
general background of your client so that you can prepare for the case accordingly.
 Types of listening , Active listening and passive listening.

C. What could you have done to improve the interview?

Answer:
● Informed the client that everything he tells is going to be confidential.
● Gone a little less into casual conversation.
● Try to be more sensitive and sympathetic to the client.
● Take hold of the conference. Let the conversation flow like I decide it to be and not let it
get disorganised.

D. What do you think the client thought of the interview?

Answer:
The client certainly seemed satisfied and at ease. Nevertheless he was worried about getting his
money back and apprehensive about the working of the legal machinery.

CASE PLANNING CHART

Case name: Satendra kumar versus Rahul, 2022
Client Goals / Objectives:
 Legal Element Facts Source Informal Formal Opponent’s
Claim sof to of Discover Discover Defences
Claim suppor Proof y y (Theory,
tClaim Proof,
Discovery)
Refund Amounts of Payment Documen Minor has His father He is a minor .
the rupees two receipt, bank ts, not good is a there is no
money. lakhs. details , one eyewitnes reputation property contract due to
(restore eyewitness. s in the dealer. incapability to
the society. Along with do contract.
money) He used to his father Court can not
cheat he used to force a minor to
people. sit in the complete a
office. contract.
Respondent is a
minor .