Law Center 1, Faculty Of Law, University of Delhi

ASSIGNMENT ON CLIENT INTERVIEW AND COUNSELLING

SUBBMITTED BY SUBBMITTED TO

Dr. Apeksha Kumari

NAME - SAT PARKASH

Assistant-Professors
CLASS- 5th Sem( LLB)

SECTION - G

ROLL NO-216514 Title of Article

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 Questionnaire for Interviewers

SECTION ONE

Please read the following questions and answer them briefly in the space provided.
1. Before you meet the 'client' describe briefly:
A.What are the objectives of the interview ?

Answer:1. Before the interview

Before conducting the initial meeting, it is important to make sure that the client is comfortable and
relaxed. He/she should be in a position to give proper details about the relevant facts. This can be
done by giving warm greetings to the client which can help place some anxious clients at ease. It
plays a significant role in developing a good professional relationship.

Secondly, there is an ethical code of conduct and practice that should be adopted by every legal
professional. A client must be made aware of these practices which include confidentiality,
potentially conflicting interests, billing or payment, administrative terms, and other office policies.

2. Roadmap for the interview

The legal professional can initiate small talks with the client. This will help in establishing a good
rapport. While initiating these talks, a lawyer can easily shift to make the client familiar with the
roadmap of the interview. This will assist the client to know how the meeting will proceed and what
he/she can expect out of this meeting. Moreover, this road map is very helpful in keeping the
conversation on track and avoiding any kind of confusion.

3. Gathering of information

This is the most crucial step in a client counselling process. Now it is time for the lawyer to sit quietly
and listen to the client uninterruptedly. Here, the client should be allowed to speak and disclose all
the facts including the facts which are embarrassing and negative. The lawyer should initially ask
open-ended questions so that the client has the freedom to describe his/her problems. There might be
a possibility of losing out significant information if only relevant questions are asked in the initial
meeting.

It might happen that during the meeting the client will try to shift the conversation and deviate from
the main issue. This might be because the facts are quite revealing and the client is not comfortable.
Here, a lawyer should try to keep the conversation on track and try to comfort the client otherwise
significant information may be missed out.
While the client speaks, a lawyer should note down all the important dates, locations, names, etc
which may require follow-up clarifications. After this, the lawyer should proceed towards asking
closed-ended questions. These questions can be used to seek clarifications or to fill in the important
details which either were not told by the client or missed by the professional.

4. Analysing the client’s problem

After carefully listening to the client, the lawyer begins to analyze the facts provided and makes the
client understand potential legal issues involved, their plausible solutions, and discusses the risks and
benefits related to them. Before the interview, a lawyer should always conduct basic research that
will prepare him for the session. Moreover, it will help him to make his client describe some research
and how the laws may apply to the client’s problem. So at this point, the lawyer may begin to frame
discussions around the potential legal issues involved in the case.

While explaining to the client about legal rights, responsibilities, risks, and benefits related to the case,
the lawyer must keep in mind the goals, values, and expectations of the client. The lawyer can discuss
legal as well as non-legal approaches to resolve the client’s case. While the discussion takes place,
the lawyer should create a list of documents that would be required to be obtained and reviewed to
further decide the course of proceedings and analyse the case.

5. Closing the interview

After analysing the facts of the case, the lawyer will begin to conclude the meeting. The meeting
should not be concluded abruptly. Here, the lawyer will thank the client for taking out his precious
time to speak to him. Moreover, he will remind the client about the further steps and future course of
proceedings in brief. Finally, the lawyer will let the client know about the availability for further
conversations and discussions.

B.Describe briefly how you plan to structure the interview (topics, order, time, etc.):
Answer:

1. Welcome the client. Greet, seat and introduce yourself. Make sure the client is comfortable.
2. Create an effective working environment. Make sure there will be minimal interruptions:
switch off telephones, and tell others not to disturb you during the interview.
3. Encourage the client to put forward his or her perceptions.
4. Listen, without interrupting, if at all possible.
5. Remember that listening also involves noting non-verbal communications.
6. Reflect on what you are being told, through paraphrasing and questioning.
7. Question more deeply to establish salient facts, clarify ambiguities and check relevance.
8. Summarise your findings.
9. Allow the client the chance to ask questions, clear doubts or express anxieties.
10. Outline the options, both legal and non-legal.
11. Assist the client in making an informed choice of action.
12. Take instructions.
13. Explain any follow up to be undertaken by the lawyer, including costs involved.
14. Confirm that the client agrees to the course of action.
 15. Check if there is any other business.
16. Provide an idea of timescales.
17. Conclude.
18. Say goodbye and show the client out.

C.What have you learned from your reading about interviewing that you intend to practice or
avoid?
Answer:
intend to practice

1. Be prepared
The lawyer should always be prepared beforehand. He should do his background research on
problems faced by his prospective client. This will enable him to know all the relevant laws, cases,
and procedures of the courts and he will be in a better position to guide his potential client regarding
the future course of proceedings. Moreover, this will help the lawyer to prepare the set of questions to
be asked during the counselling session and will save a lot of time. Subsequently, this will build a
good rapport with the lawyer in front of the client as well.

2. Maintain professionalism

It’s important to maintain professionalism. The lawyer should maintain his code of conduct during
the interaction with the client. The relationship between a lawyer and a client is based on trust.
Therefore, he should maintain the trust of his client and the confidentiality of the information shared.

The importance of the way the lawyer conducts himself in front of the prospective cannot be
emphasised enough. His body language should not be dominating or arrogant. He should dress
appropriately, watch his language, be courteous, kind, and most importantly, be punctual. It is
important to value the time of his client.

3. Active listening

The lawyer should be engaged in listening to the client actively. It is important to listen and make
note of the facts that help to identify the answers to 4 Ws – “where”, “why”, “when” and “who” of
the client’s case. Moreover, asking questions during the interaction will make the client think that the
lawyer is interested in the case.

4. No biases

There are different types of clients coming from different backgrounds and cultures. While
understanding and analysing the facts, the lawyer should eliminate all personal judgment and biases
and simply listen to the client’s issues without any preconceived notions.
5. Manage expectations

The lawyer should know the goals, values, and expectations of the client. The lawyer must refrain
from making any false promises. If the client asks about the likelihood of success of the case or the
time involved, it is important to remember that this will depend on many factors which are not in
control of anyone. So, a lawyer should not build any unreasonable and false expectations.

7. Empathise

Empathy means understanding the problems faced by the client. The lawyer should empathise with
his client. He will be in a better position to understand the problem if he steps into the shoes of his
client. However, empathy should not be mistaken for sympathy.

8. End with a good follow-up

Always end the session with a good follow-up. Ask the client, “Are there any facts which I should
know?” This can help since there may be some facts that the client may not be able to remember
initially.

Moreover, a lawyer can provide some document or a business card containing his information to the
client so that he can make a well-informed decision for further counselling. The lawyer can also ask
for feedback and talk about his availability for future discussions and conversations.

Avoid

1. Be preoccupied or bored by what the client is telling you

2. Impatient

3. Show that time is an issue

4. Show bias

5. Focus on the client appearance or thr delivery of thieir instructions

6. Interrupt the client or finish their sentences unless it is necessary to clarify any issue

7. Change the subject

8. Play with stationary

9.Speak down to a client

D.What is your role in the interview and what standpoint do you wish to adopt?

Role as a lawyer in the interview.

Playing as a lawyer.
. Professional expertise and experience time.
. Personal and professional values.
. Motivate clients to participate fully.
. Building a rapport.
. To help the client in a possible legal manner.
. Fight for a social cause in attaining higher satisfaction.
. Professional stability

SECTION TWo(To be completed after the Interview)

2. In your conduct of the interview how well/poorly do you think that you performed the following?
● Very Well Well Average Not well Poorly
● Placing client at ease ✓
● Empathizing with the client ✓
● Eliciting facts ✓
● Checking facts and changes ✓
● Explaining law ✓
● Advising about implications ✓
● Agreeing follow up ✓
● Reassuring client ✓
● Note taking ✓
● Time management ✓
B. What, if any, ethical or moral issues did you encounter?
Answer :
Some steps in making ethical decisions Identify the problem or dilemma. Identify the potential
issues. Look at the relevant ethics codes for general guidance on the matter. Consider the applicable
laws and regulations. Seek consultation from more than one source. Brainstorm various possible
courses of action. Enumerate the consequences of various decisions. Decide on what appears to be
the best possible course of action.
Moral values of cousellor Empathy: the ability to communicate understanding of another
person’s experience from that person’s perspective. Sincerity: a personal commitment to consistency
between what is professed and what is done. Integrity: commitment to being moral in dealings
with others, personal straightforwardness, honesty and coherence.Resilience: the capacity to work
with the client’s concerns without being personally diminished. Respect: showing appropriate
esteem to others and their understanding of themselves. Humility: the ability to assess accurately and
acknowledge one’s own strengths and weaknesses. Competence: the effective deployment of the
skills and knowledge needed to do what is required.Fairness: the consistent application of
appropriate criteria to inform decisions and actions.Wisdom: possession of sound judgement that
informs practice.Courage: the capacity to act in spite of known fears, risks and uncertainty.

3.A. What in brief are the key facts of the client's legal problem?
Answer:

● My client a shopkeeper of tiles and flooring business .

● He sell the goods on credit to mr.x on 12-08-20.amount 12 lakh .

● But after many attempt when payment was not made by Mr.x

B. What is / are the legal issue(s) involved?

Answer:
● Recovery of money under
order -37 of civil
procedure code

C. Were there other facts in the case which seriously concerned the client but which were
not related to the legal issue(s)?
Answer:

● The mental condition of my client due to huge goods sell on credit on basis of trust.
 4.A. List the other possible outcomes in this case:
Answer:
● There is no other possible outcome of the case.

B.Which in your opinion is the most likely outcome?

Answer:

The most possible outcome is that my client will get an decree under Summary suit or summary
procedure is given in order XXXVII of the Code of Civil Procedure, 1908.

C.What is/are the client's desired outcome(s)?

Answer:

. Recovery of money as soon as possible without any unwanted delay

D.What are the main obstacles, if any, to this/these being achieved?

Answer:
● There is no major obstacle in pursuing this case ahead.

E.How will it / they (client's desired outcome(s)) be achieved?

Answer:
● Producing PRIMERY AND SECONDERY EVIDENCE from the time of the selled the
goods
● Producing BEHAVIOUR TOWORDS MY CLIENT
● By proving the allegations made by the client.

F.What alternative strategies were available?

Answer:
We make a prayer to the court for give the order to other party file movable and
immovable asset list if amount are not recovered
B.What did the interview remind you of from your previous reading about interviewing?
Answer:
● Communication function has the following 3 elements:
1.Building Trust & Rapport with the client.
2.Listening during the interview.
3. Gathering facts & ascertaining the client's problem & Legal position.
● Actually Listening:
Anyone can nod, smile, and say “right” or “exactly” over and over, but how many people
actually listen? Interviews are especially tricky because you do need to be listening to
your interviewee's answers while mentally preparing notes that'd help in your case.
● Personal Awareness:
You don't necessarily have to know the client personally. But you ought to figure out a
general background of your client so that you can prepare for the case accordingly.

C.What could you have done to improve the interview?

Answer:
● Informed the client that everything he tells is going to be confidential.
● Gone a little less into casual conversation.
● Try to be more sensitive and sympathetic to the client.
● Take hold of the conference. Let the conversation flow like I decide it to be and not
let it get disorganised.

D.What do you think the client thought of the interview?

Answer:
The client certainly seemed satisfied and at ease. Nevertheless he was worried about getting his
money back and apprehensive about the working of the legal machinery.

Name - SAT PAKASH (ATENDER KUMAR) …………………….10-02-2022