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Monday, 19 May 2014

PURPOSE OF AN EFFECTVE CLIENT INTERVIEWING AND COUNSELLING



This is to help the potential client air his or her concerns, the interview must be conducted effectively.
Legal interviewing is a medium of communication between a practitioner and a potential client. A client may consult a practitioner with a matter which he or she believes relates to law, but which has nothing to do with law, in which the legal practitioner is to aid the client to the right place.
1)      To form an attorney-client relationship – this has to do with three level viz.: personal, educational, and contractual. It is personal where you and the client come to understand each other, that is, you have to know each other very well in the course of interviewing and counselling. It is educational where you explain to the client what is involved in practice, for instance, fiduciary relationship, confidentiality, etc. finally, it is contractual where the client agrees to hire you and pay for your fees and expenses incurred.
2)      To learn the client’s goals – know what the client wants and explain the best options to him.
3)      To learn as much as the client knows about the facts – this is the major aim of the interview.
4)      To reduce the client’s anxiety without being unrealistic – give the client the feeling that you can help with the matter but do not assure him that you must win the case as this will be unethical.
CRITERIA OF AN EFFECTVE CLIENT INTERVIEWING AND COUNSELLING
A practitioner must comply with the law and rules of professional conduct when consulted by a potential client to handle a matter.
First, he or she must ascertain whether there is any conflict of interest with existing clients. If there is, a legal practitioner is to decline the matter. A violation of this will constitute professional misconduct – Rule 17.
A legal practitioner must also ensure the potential client’s matter does not involve illegality, crime or fraud. A legal practitioner should decline where the matter involves one or any of these.
Legal practitioners must be frank in dealing with potential clients. If it is a field where the legal practitioner lacks knowledge, the legal practitioner should decline to the matter.
A legal practitioner should endeavour to obtain full knowledge of his client’s cause before advising thereon, and he is bound to give candid opinion of the merits and probable results of pending or contemplated litigation.
The client must be assured that the facts will be treated confidentially – Fawehinmi v. Nigerian Bar Association & Ors. (1989) 2 NWLR (Pt. 105) 558.
Advise is to be given on the possible courses of action and the client decides on the course of action to take.
To handle a client’s matter, the practitioner may need to interview other people who possess information or can provide explanations relating to it.
The legal practitioner must possess analytical skill, and the ability to articulate clearly and advice being offered.
STAGES FOR AN EFFECTIVE CLIENT INTERVIEWING
According to Avrom Sherr’s stage-model of interviewing, there are three stages namely: listening, questioning, and advising.
Listening stage is done in order to gather information from the client about the facts of the matter and the client’s feeling about the matter. In this stage, the lawyer greets the client, makes him comfortable and introduces him or herself and any other lawyer who will be involved in handling the matter then the legal practitioner elicits with open questions.
Questioning stage is to use questions to fill in any gaps, clarify ambiguities and inadequacies in the client’s narrated facts. In the stage both the client and legal practitioner participates but the legal practitioner participates more. He questions the client on the facts for gaps, depth, background, ambiguities and relevance by use of closed and open questions. He then summarises the facts to the client in a language which he the client understands.
Advising stage is to advise the client on the practical and legal effects of the matter and suggests a plan of action. The legal practitioner must ensure that the client understands the advice and that he or she chooses one of the possible courses of action. The legal practitioner shall obtain an agreement on fees and costs that will be incurred. He should require the client to do a follow-up work and ask if there is any other business before ending the interview.
After the interview, a full note of everything that occurred at the interview should be made.
PLANNING AND PREPARING FOR A CLIENT’S INTERVIEW
1)      Greet, seat and introduce the client
2)      Elicit story with opening question
3)      Listen carefully to basic outline of personalities and case from client’s own unhindered words
4)      Question the client on facts for gaps, depth, background, ambiguities and relevance
5)      Sum up and recount your view of facts and check for client’s agreement, or amend
6)      Take notes
7)      State and advice or plan of action and deal with questions of funds
8)      Repeat advice or plan of action and check for client’s agreement or amend
9)      Recount follow-up work to be done by client
10)  Recount follow-up work to be done by a legal practitioner
11)  State next contact between legal practitioner and client
12)  Ask if there is any other business and deal with it, if any

13)  Terminate the interview, help the client out and say goodbye.

1 comment:

Meeyah said...

This is a good and insightful article👌