Guidance for legal Client Counselling by Shivam Dhawal.pdf

The process of Client Counselling or Interviewing practice is the collaborative process in which
the client and the professional have conversation in which client express their story and lawyer give the advice based on expressed story. it is most crucial part of the complete legal process with this process not only the lawyer build their trust and rapport but also may lead to have more client in future. It is essentially very important as without proper communication between the clients and the professional there will exist the communication gap which lead to conflict and non fulfilment of the desired goal of the client. While good Counselling lead to cordial professional relation which lead to regulate client’s action in front of legal authorities desirably.

Objectives of the interview:
The object of interview can be followed into:
1. To build the relation of trust and rapport with client
2. To set out the role of lawyer and client.
3. Engages in preliminary problem identification which exclusively includes to gather and understanding the details viz. the context and the nature of the problem.
4. Identify the options available and the possible solutions to the client problem as to provide the client’s informed choice and give practical Recommendations.

1. …Client Counselling for the lawyer…

The process of Client Counselling or Interviewing practice is the collaborative process in which
the client and the professional have conversation in which client express their story and lawyer
give the advice based on expressed story. it is most crucial part of the complete legal process with
this process not only the lawyer build their trust and rapport but also may lead to have more client
in future. It is essentially very important as without proper communication between the clients
and the professional there will exist the communication gap which lead to conflict and non
fulfilment of the desired goal of the client. While good Counselling lead to cordial professional
relation which lead to regulate client’s action in front of legal authorities desirably.

Objectives of the interview:
The object of interview can be followed into:
1. To build the relation of trust and rapport with client
2. To set out the role of lawyer and client.
3. Engages in preliminary problem identification which exclusively includes to
gather and understanding the details viz. the context and the nature of the
problem.
4. Identify the options available and the possible solutions to the client problem
as to provide the client’s informed choice and give practical
Recommendations.

General Structure the interview:
Well, it’s structure can be varied bases on the earlier telephonic conversation, decided to
Structure my interview as a lawyer as follows:
1. Greetings and introducing yourself
2. Recognizing that client didn’t have any problem in finding the office.
3. Asking client to take seat.
4. Offering for water/tea or coffee/snacks.
5. Inform the role and expectation of client and lawyer which include
a. Statement of Confidentiality and reason behind it i.e., work with
honesty and integrity.
b. Conflict of interest and its consequences
6. Retainer Agreement which underlines the charges if client decides to
continues to associates with us.
7. Ask the related concern with open or non-leading questions so that client can
narrate their story in free flow manner.
a. Use non-committal acknowledgements like hmm, right, ok etc.
b. Use silence to allow the client to take time for processing of thoughts.
8. Reflecting the content showing that lawyer receiving the message properly.
9. Reflecting the feeling of client so that client feel more comfortable while
expressing their thoughts and feelings comfortably (this applies when client
withhold to express himself/herself due to any reason).
10. Notice the withholding of information can be due to any conflict of interest
such as:
a. Feel ashamed or Embarrassed to share with client.
b. Not admitting the accusations against themselves.
c. Avoid recounting the traumatic events.
11. When feel that client is withholding then lawyer is advices to reflect the
client’s feeling
12. Ask leading questions that needed to know in case to fill the gaps in the story
or some important fact that should be considered in case we want the clients
case be in favor of client.
13. Summarizing in chronological order and give some practical
recommendation based on the information you obtain to have the client’s
informed choice.

2. Dos and Don’ts which needed to be considered while Interviewing:

The qualities that are required to build to have a good client Interview is as follows:
1. Be a good listener in order to understand and comprehend the context and
issues associated to the problem describes
2. Have good communication skills.
3. Have good interpersonal skills.
4. Read the body language of the client.
5. To understand the body language one must have brief idea of how emotional
respond can decide the mental state and thought and later speech and action
(relation of mind, body and emotions) and factors responsible for reflex action
(stimuli).
Inner to outward:





Similarly, outward to inward:







Note: Feeling is instantaneous while Emotions require long term consideration to be build.
6. Can be able to ask for legal consultation fees.
7. Have legal aptitude so that you can derive out the problems.
8. Have the empathy with the concern issue with client but don’t be to obsessed
with the problem.
9. Maintain the professionalism and professional relationship and don’t be
personal.

The practice that should be avoided:
1. Don’t use legal jargons
2. Don’t explain any legal concepts as the remedy until not undergo the case in
detail of the problem and understanding the legal nuances of related issue.
3. Don’t promise to client of any kind.
4. Don’t make the personal relation with client, always have separation of
personal and professional relationship.


Role of lawyer in the interview and standpoint that lawyer must adopt

As the lawyer my role is to Interview the client to gather all the important and necessary
information that led to win my client’s case. Also to build the relationship backed by the
trust and rapport with client and tries to have the neutral professional relationship with
client which may lead to have possibility more client in future by their reference. But when
I feel that certain action lead to miscarriage of justice especially in criminal cases it is
require to have more lean toward and may take little bit personally as that issue may
provide the justice in the society as whole, which should be the sole purpose of any lawyer.

Emotional Response
viz. the natural
stimuli govern by
limbic system
Feelings: Acknowledgment of
Emotions by Frontal cortex-
building of sensation of like,
dislike and neutral
Thoughts: Attention given to
certain feelings which lead to form
the long-lasting (non-volatile)
Memory from volatile one.
Speech and Actions: Speech is also the
one of the actions viz. performed by
mouth. When emotions are strong and
intensified it expresses in our body
language. It is Associated to Karmindriya
Emotional Response Build based on
what the person feels for long term
which later on decide the nature,
habit and behaviour etc. which are
the intrinsic values of that person
Feelings build bases on like
and dislikes memories mind
have. The memories viz.
neutral usually vanish easily.
Thoughts and Memory: mind
thought lead to comprehend
the scenario & based on the
need, necessity & Desire
sustainability of Memory
Decide.
Senses and sensory
functions viz. governed
by Gyanindriya. It led to
have the information of
outside world through
senses