Professional Documents
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LECTURE 1 Client Interview - Bak
LECTURE 1 Client Interview - Bak
CLIENT INTERVIEW
1) The purpose and scope of client
interviews
(a) To form an advocate-client relationship.
(b) To learn the client’s goals.
(c) To learn as much as the client knows about the
facts of the issue.
(d) To reduce the client’s anxiety without being
unrealistic.
2)How to conduct a client interview:
(a) Preparation
Some form of communication before the interview.
This may be curtailed if the client is already in custody
in case of a criminal case, or he needs an immediate
remedy to safeguard their interest as in the case of an
injunction
This may be in the form of a simple phone call or a
short visit with the client.
The purpose is to get a rough outline of what the case
involves and allow the advocate to prepare for a
substantive interview
Most people don’t generally like advocates, and only
come to them because no one else can help them
The advocate must therefore make a conscious
decision to be as forthcoming, honest and likeable as
possible
• He should think of the case and gather all the
information that he can based on the preliminary
information, so as to be able to give the client a clear
and coherent picture of the case
He should also prepare such information as fees and other
costs that may be incidental to the case and be ready to
discuss this at the very onset so that the client knows that
he/she is getting into
It may also be useful at this stage to examine any prejudices
or biases that the advocate may have which may have an
impact on how he handles the case.
How strongly the advocate feels about any biases/prejudices
will help him decide whether or not to take the case.
It would also be prudent for the advocate to reflect on
what the client expects from him. In this regard it is
useful to think of the case from the client’s point.
This will then help the advocate identify the best way of
communicating with the client.
The advocate should also purpose to be positive in his
attitude/approach to the client.
Do not let the clients see the ego wall before they have
seen you and thus had a chance to form an impression
independent of your achievements.
Introduce yourself to the client. You may also engage is
some informal talk so as to break the ice.
Make sure that the room is comfortable for both of you
and that it has a writing area if you plan to take notes.
You can offer the client some refreshment as a way of
putting them at ease and making them feel even more
comfortable at your office.
The way you receive your client says a lot to them
about how you will handle their matter.
The advocate should also prepare to be uninterrupted.
He can ask the secretary to ensure that this happens
e.g. ask her to hold his calls.
3) Information gathering
This is the most important aspect of the client
interview, and it is the type of information you get and
how you go about gathering it that counts.
The best way to get information is to let the client tell
the story in his own words.
If you need more time to clarify the law and to consult,
let them know and schedule another meeting where
you can advise them more authoritatively.
You can also at this point decide that you do not want to
take the case.
If you continue with the case, let them know the best
and worst case scenario based on your experiences.
Establish trust with the client and treat him with respect.
How you speak to the client is an indication of how you
will represent them.
Discuss the fees with the client.
Clients do not like to be ambushed with legal fees grossly
in excess of what they thought they would be paying.
Let them know what you plan to do and how much it is
likely to cost them.
Explain to them how you calculate your fees and agree
with them on how the same will be paid.