Interviewing & Counseling Skills
- PART I: Meaning & Distinction -
What is Client Interviewing
A process (verbal or written communication) of eliciting relevant information from clients and witnesses. It is the art of extracting facts or information by means of questioning.
In some law offices, the client is first given a printed set of questions to respond to in writing; the lawyer then relies on the answers to conduct a detailed oral interview.
What is Counseling
Counseling involves giving legal opinion based on facts relayed by the client. It is the art of proffering advice for solving a particular problem.
Interviewing vs Counseling - The Distinction
| Interviewing | Counseling |
|---|---|
| Essence: extract necessary information | Essence: solve a particular problem |
| Comes first in the workflow | Comes after interview |
| Inputs: client’s facts | Output: legal opinion / advice |
One of the greatest assets to the successful conduct of an interview by a lawyer is a well-furnished law office. The interview should be conducted there - in line with Rule 22 RPC. A relaxed environment enables the client to respond candidly.
The Power of First Impression
The lawyer should try to create a very good first impression - usually formed at the first meeting:
- Physical appearance of the lawyer;
- Demeanour while speaking and listening;
- Attitude throughout the interview.
Bad dressing is a minus for an interviewer. So is one who is nervous, aggressive, impatient, distracted, or upset during the interview.
- PART II: Purpose of Client Interview -
8 Purposes
- Establish an attorney-client relationship;
- Ascertain why the client requires the lawyer’s assistance;
- Get detailed information concerning the issue;
- Learn the goals of the client;
- Obtain facts to enable the lawyer offer legal advice;
- Get information to analyse the legal issue presented;
- Help the lawyer pick the best option to solve the issue;
- Alleviate the client’s anxieties and concerns.
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