Client Interview and Counselling

Client Interviewing
and Counseling
Client Interviewing
– Primary objective of interview between lawyer
and client is that the lawyer should obtain the
necessary facts from the client. Also under the
legal goals from the client.
– This objective cannot be achieved unless the
lawyer establishes the right relationship with the
client, so that the client has confidence in the
lawyer
– Client interviewing involves: Listening and
questioning
• Ensure that client feel comfortable to share
the problem with you
– Breaking the ice: Greeting the client and engaging
in short small-talk is a usual good practice.
• Information sharing to the client
– Inform the client that all the information shared
during the interview process would be kept
confidential
– Gaining the trust of the client
• Rule 17 of the ‘Bar Council of India Rules’,
regarding standards of professional conduct
and etiquette puts obligation upon the
advocate to protect attorney-client
communication as confidential.
• Conflict of interest:
– Proactively inform that client that in the event of
having any interest in the clients matter
– or you are lawyer for any person involved in that
matter, it will not be possible for you to accept the
case
– Also bound to do so by way of Advocate’s Duty to the
Client prescribed by the Bar Council of India Rules
– “An advocate shall at the commencement of his
engagement and during the continuance thereof,
make all such full and frank disclosure to his client
relating to his connection with the parties and any
interest in or about the controversy as are likely to
affect his client’s judgment in either engaging him
or continuing the engagement.” Rule 14 of
Standards of Professional Conduct and Etiquette,
Bar Council of India Rules
• Conveying fees to the client:
• Convey the usual range of fees charged. It is
understood as a best practice.
• Important aspect to be noted as part of ethical
conduct.
• Rule 20 Bar Council of India Rules, regarding
standards of professional conduct and etiquette,
“An advocate shall not stipulate for a fee
contingent on the results of litigation or agree to
share the proceeds thereof”
• Information Gathering:
– Listening to and Understanding the Client’s Story
• Three stage approach to the interviewing
could be adopted:
– Preliminary problem identification
– Chronological overview
– Theory Development and Verification
• Preliminary Problem Identification
– In this stage the client is asked for basic reason for
meeting the lawyer
– For example, Ms. Swati and her father has come to
meet lawyer Adv.Raju
– Adv.Raju after the preliminary steps, ask the what
the reason Ms. Swati has come to meet the lawyer
– Ms.Swati informs Adv.Raju that she has issues due
to domestic violence from her husband
– Crux of the conflict would be brought out in the
first stage
– Lawyer could understand the problem is relating
to matrimonial dispute.
• Chronological overview
• In this stage, lawyer ask the client to narrate the
case in a chronological manner
– Lawyer should tell clients to try to remember as
many of the events as possible and lawyer should
not interrupt client while they are going through
the events
– Ms.Swati narrates the entire incidents of physical
violence against her by the husband through the 1
year of their marriage
– Ms. Swati mentioned about 6-8 instances of the
physical violence against her by husband due to dowry
demands.
– Summarizing the facts back to the client to fill in the
gaps and verify
– An opportunity for the lawyer to get an overview of
the entire set of events before making any
determinations of possible claims or defenses.
• Theory Development and Verification
– Lawyer tries to map the various legal principles
that could be applicable
– Lawyer now would need to get more deep into the
facts to ensure that the various legal principles
could be applied
– For this, lawyers usually ask questions regarding
Facts leading up to the event(s), facts during the
event(s), facts subsequent to the event(s)
– When client narrates the case, usually it is only
from the client’s biased perspective.
– Lawyer should try to elicit more information by
way probing questions
– Now, in case of Ms.Swati, the lawyer is planning
to apply the anti-dowry and domestic violence
legislation
– Lawyer wanted more information about the
demand for dowry. Hence ask questions probing
the dowry demand
– Lawyer also wants to know whether it is only the
husband who had inflicted violence against
Ms.Swati or whether in-laws and other relatives of
husband was also involved
– Lawyer further would ask for documents relating
to marriage, relationship and other issues
pertaining to the facts.
– Another important step is understanding the goal
of the client- what client want out of legal
process?
– Ms. Swati is ready to continue with marriage
provided there is no more violence and dowry
claim
– Ms. Swati feels that it is because of her in-laws
husband commit domestic violence
– She wants to live away separately from the in-laws
– But Ms.Swati’s father want them to be punished
Certain Important Skills and Good Practices
• Probing: Helps in understanding the facts better and

tie the loose ends
– Clients might not provide all the information. Especially
the information that they might feel embarrassed to share
– Eg. Client may not tell that he has committed a crime
• Understanding Goals and Priorities of Client
– Lawyer should clearly try to understand the goals and
priorities
– Ms.Swati is not interested in divorce. But she wants the
domestic violence to end.
• Active listening-
– Lawyers look at the who, what, when and where
while the client narrates the facts
– Client’s goals, values and expectations are noted
– Client’s emotional situation is also noted by lawyer
• Empathy with client’s situation-
– Empathy involves us trying to understand what
our clients are experiencing.
Client Counseling
• Legal counseling is the process by which a lawyer
communicates advice to a client. Helping the client to
make decisions regarding the legal issue at hand
• Basically two approach to client counseling-
– Traditional Client Counseling (Paternalistic Approach)
– Client Centered Approach
• Traditional Client Counseling (Paternalistic Approach)
– Client should delegate the decision making to the lawyer
– Client’s role in the approach to the legal problem
is considered to be passive
– Client is assumed not to be in position to
understand the technical nature of law and hence
have no role in the choosing the legal action
– This approach takes a paternalistic view by
imposing the legal advice upon the client
– Client’s autonomy and self-determination is not
looked into.
– Lawyer is supposed to know what is best for the
client
– There is no role for informed choice in this
approach
• Client Centered Approach
– Lawyer is supposed to help the client make an
informed choice
– Lawyer should be helping the client to understand
various legal options allowing client to choose the
amongst the options
– Client is supposed to play an active role in
choosing the legal approach regarding the case
– Client’s autonomy and self determination are
valued
– Lawyer should play the crucial role of explaining
the legal and non-legal implications of the various
options.
• How client-centered approach work
– Participatory process by both client and lawyers
trying to look at the various options
– When exploring options lay out all the options and
discuss the implications.
– Both legal and non legal implications need to be
discussed. Negative consequences need to be shared.
– For ex. Ms.Swati’s husband and in-laws will have to
face criminal case. Could affect future relationship
• Lawyer should help the client to understand
– Cost – Legal cost such as court fee. Enable the
client to choose options based on their financial
situation
– Time factor- Issue of adjournment, appeal should
be told
– Emotional and Relationship factors- Client should
be told about the likely impact of various legal
options.
• After taking client through all these stages, the
lawyer should let the client to choose from the
options regarding the future legal action
Skill required for client counseling:
• Creativity and foresight- to understand the
long term legal and non legal implications
• Analysis and advise- Looking at the cultural
and financial situation of the client in
important
• Explanation and cooperation- Ensure that the
counseling is a participatory process
• Encouraging clients to resort to the ADR
– While discussing the options a client have
regarding resolving the issues at hand, the lawyer
could emphasize upon the various ADR process
– This is quite possible in case of client centered
approach
– Rather than imposing litigation upon the clients by
traditional paternalistic approach, the benefits of
ADR could be made aware to the clients

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Client Interviewing

• Probing: Helps in understanding the facts better and

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