FORMAT OF CLIENT COUNSELLING

PREPARED BY-

SANCHIT SINGH 2008BALLB

BAIBHAW GAHLAUT 2009 BALLB 06

KAPIL DUGGAL 2009BALLB 32

1. ESTABLISHING AN EFFECTIVE PROFESSIONAL RELATIONSHIP

 Make client comfortable-
 People have trouble finding us due to change in location and the new
office.
 How did u hear about us?
 Where u able to find Parking Easily?
 Would you like to have some tea or coffee?
 Have you been to an attorney before….?
 Confidentiality-
 You seem a bit confused about it
 We are not the judge here but to help u out ….
 The information u give us is the only tool we have …
 The more you tell us the better we will be able to help you
 We cant be compelled to reveal what u tell us here…….as given by code
of ethics and we will certainly abide by it……..section 126 of Indian
Evidence Act 1872 except-
 As we get to know more about each other, you will start trusting us………
 Do you have anything more to ask about confidentiality………
 Fees-
 We asked our secretary…..she told us that u are being billed at 10000 an
hour of either of our time……..
 Do you have any concern with regard to fee………

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  We even have legal aid programme to help clients facing financial
hardships…….we will look into if u qualify for that…….
 We will figure out the approx. cost after the meeting in consulation with
our accountant and will get you informed……
 We are mindful of fact that you are willing to keep the legal costs down.
There are several things that you can do as is listed in this document-
 This consulation of 25 minutes has costed you 5,000…….thus we must be
clear on how we are going to spend this time--------

 Obligation of Clients-
 Being truthful with your lawyer
 Being cooperative with and responsive to your lawyer
 Being available to your lawyer and attending legal proceedings, as
requested
 Paying your legal bills in a timely manner
 Duration and Plan of Interview-
 We will first ask you about the issue that brings you here……..
 We will then ask questions to clarify facts ……..
 We will then do primary legal analysis…….
 Finally we will be suggesting the future course of action that you can
take……..
 It’s not that we both will be telling u what to do but we will just advise u
and based on that u can work along with us to make an informed
choice……..

2. OBTAINING INFORMATION

 Before asking story-

 Z will be the one mainly asking questions to clarify the facts……….
 I will be the one taking notes……..
 We have provided you with a pen and paper so that you can write things u
wish to follow-up…’

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  It will help u memorize thing better….
 Conflict of Interest-
 Our secretary told us that we don’t have any conflict of interest in the case
……
 But still, we would be very specific about the names of the person as we have
to see if we have any kind of legal relationship with that person…….
 If we have then other attorney in firm will look into your case………

 During the course of Interview-

 Tell us what brings you here today……….
 Our Secretary informed us that you have some sort of problem with ……..
 We would like to have answer to a number of more questions-
 Is opposite part represented by counsel?
 Name and Address of other potential adversaries?
 Do you have access to the documents discussed?
 Is there anything else about you that we need to know?
 Do you have any past litigation pending against you?
 We have other resources in firm that can help you with that……..
 Recapping the Story-
 So, before we go on asking you about your goals and expectation, we would
like to be sure about the facts………..
 It sounds to us that this is your situation, correct me if you think we
misunderstood anything……
 These are the documents that you can provide us…….
3. LEARNING THE CLIENT’S GOALS, EXPECTATIONS AND NEEDS-
 What are your concerns?
 What your goals and expectation are?
 Are you concerned about your reputation, physical harms, etc?
 Do you have any concern with regard to your relative?
4. PROBLEM ANALYSIS

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  This appears to be your problem-
 Talk of both the legal and non legal issues involved…..
 Correct us if we are wrong in understanding your problems…….
5. DEVELOPING REASONED COURSES OF ACTION (OPTIONS)-
 The possible legal solutions can be…….
 It is our ethical duty to inform you about all the aspects so as to enable you make
informed choice…………
 Thus we will tell you about the alternatives that are available with you………
i. Calling up the opposite party………and having a meeting( Negotitation)
ii. Arbitration
iii. Mediation
iv. Conciliation
v. Injunction
vi. Legal Service Authority Act..(Judicial Settlement like Lok Adalat)
6. ASSISTING THE CLIENT TO MAKE AN INFORMED CHOICE-
 Before we move on helping you choose the appropriate option for your particular
case, we would like you to priorities your goals…………
 Discuss strength and weakness of each option you suggest and of the case as
whole……
 What do you propose should be our future course of action?
 Considering your priorities, we don’t think that will actually work………..
 We advise you to take this course because---“--------------“ because-……….
 What do you say……..
7. EFFECTIVELY CONCLUDING THE INTERVIEW-
 We can not reach exact solution in one meeting……….
 We now have enough information about you, and everything related to our firm
policies is summarized in the packet you can take home with you and review it at
your convenience so as to make a decision on retaining us…….
 I will be the one primarily handling the case……….
 So, I will be give you a call on Friday before noon……….

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  If you wish to retainer us, you can decide it by then……..and fill in this retainer and
drop it with our secretary after that……..
 If you decide not to retain our services, you are entitled to retrieve all the documents
prepared for the court and the research done except the personal notes written by us.
 Do you have any final question to ask?
 This is our Business card…….my phone number is there……feel free to contact us
day or night……especially if the circumstances changes……….
 It was a pleasure meeting you………
 usher client out.

Solutions that can be proposed

1. Negotiation-
 Non Binding Procedure
 Don’t need intervention of third parties.
 Party directly approaches other party for negotiated settlement and can be both
written and oral.
 Need both parties Consent.
 Suucessful esp if parties have trust on each other.
 Parties examine each other document.
2. Mediation-
 Non Binding.
 Here, a third party assists the parties in reaching a satisfactory and agreed
settlement.
 There can be co-mediation where more than one mediator will be present.
 Here, the parties just help the parties in dispute to reach mutually agreeable
solution.
3. Conciliation-
 Involves a third party.
 A “Settlement Agreement” is made by parties themselves with the assistance of
conciliator and is implemented like “Award”.

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  Can be terminated unilaterally without taking other parties consent by sending a
letter to “conciliator” and the “opposite party”.
 No need to follow natural justice.
 Non Binding but can be made binding by agreement between the parties.
 No prior agreement is necessary.
4. Arbitration-
 It is binding on parties.
 Require prior agreement …………otherwise possible by way of court…..
 Cant be terminated unilaterally.
 Award can be used as evidence in court.
 Dispute can again arise at the time of implementation.
5. Adjudication-
 Includes both litigation and arbitration.
 By a neutral third party.
 The adjudicator makes summary decision about the dispute without following
litigation or arbitration.(Interim Adjudication)
 It is binding till parties have not reached the decision or have taken it to litigation
or arbitration.
6. Lok Adalat-
 Can be referred if all the parties agree, one party makes application in the court
and the court become satisfied, or suo moto by court.
 Both parties must reach an agreement then only an order can be passed…
 Cases it tries is related to-
 Damages
 Money Claims
 Motor vehicle act where party asks for damage.
 Cases against local bodies.
 Criminal cases that are compundable.
 Consumer Grievance.
7. Why engage lawyer in ADR-
 Help in identification of contentious issues.

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  Point out the strong and weak points.
 Renders Advise during Negotiation.
 Helps overall presentation of clients case.
8. Merits of ADR-
 Can reduce contentious issues and give quick and less expensive remedy.
 Flexible and not bound by rigid rules.
 Path of litigation will remain.
 Can help solve dispute with help of experts in area.
 Prevents time wastage- avoid evidence presentation format and attendance
 Enable you to decide place and time of hearing.
 Helps in avoiding confrontation.

Relevant Sections

1. Conciliation-
 Section 62- Invitation for conciliation.
 Section 64- Appointment of conciliator.
 Section 74 read with Section 30 of Arbitartion and Conciliation Act 1996-
Conciliation Settlement Agreement is enforceable as if it is a decree of court.
2. Arbitation-
 Section 36- Arbitration award is enforceable as decree of court.
 Section34- Cases in which appeal can be made against arbitration award.
3. Lok Adalat-
 Section 20 - of Legal Service Authorty Act 1987 provides who can approach it of
hoe to refer it…….
 Section 21- Its decree will be considered as that of civil court and executable.
4. Section 89 of CPC inserted by amendment in 2002 gives power to court to allow for
following-
 Arbitration.
 Conciliation
 Mediation.
 Lok Adalat.

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  Judicial Settlement.
5. Temporary Injunction-
 Order 39, Rule 1-5 of Cpc.
 It helps in preserveation of property in dispute till matter is decided.
 May be granted at any stage of trial.
 Case when it can be granted-
 Some kind of threat to property and Injury of any kind
 About to commit breach of contract and in interest of justice.
6. Permanent Injunction-
 Section 37(2) of Specific Relief Act 1963 It restrains forever, can be granted only
after hearing both the parties, at the conclusion of trial.
 Section 39- Mandatory Injuction & Section 40- damages with Permanen injuction