Client Interviewing Skills Part One: Preparing for the Client Interview:
Documentation
After an intake has been assigned to a student the Clinic's staff will put a folder in the student's mail slot containing a printout from the ClinicCases software and a blank Retainer form. Bring this folder with you to the interview along with some paper to take notes.
Call the client the day before the interview as a reminder. Ask the client to bring ALL documents remotely related to the matter, even if he or she may think the documents are not relevant. Ask the client if they need directions to the law school or advice on finding parking.
Part Two: The Client Interview.
Meeting the Client
Welcome the client and introduce yourself using your first name. Shake hands.
If he or she calls you by your first name, then do the same. If she or she calls you Mr. or Ms. do the same with your client.
Engage in brief personal small talk where you get the client to talk, e.g., ask him if he had any trouble finding the office or finding a place to park, apologize if he's had to wait, get him to give you a bit of personal background about himself.
Determine if the client needs to place any time constraints on the length of the interview.
Explain the confidentiality of the discussion you are getting ready to have.
Explain the Clinic procedure, i.e. you are not a licensed attorney however you are supervised by a licensed attorney, this is just the initial intake interview after which you will present the client's case to your Clinic peers and supervisor on Tuesday night, and the Clinic will make a determination as to whether or not to accept your case. You will notify the client of the decision on Thursday after the Clinic meets. If the Clinic accepts the client's case, you will most likely be the Client's contact on the matter and you will be doing the legal work under the direct supervision on your professor.
Listening to the Client's Story
To be an effective interviewer and communicator, you must employ essential listening skills. Try to get a clear picture of the client's goals and concerns.
Let the client know that you are giving him or her control of the interview. You might say something like the following:
"The way I like to do this is simply to let you tell me why you have come to the Clinic for assistance. I'll take a few notes. Then, I'll ask you some follow up questions. After I present your story to the Clinic class on Tuesday night, the Clinic will make a determination if we are able to assist you with your legal needs. If we are able to assist you I will then get back to you so that I can further diagnose how we can help you more specifically. I won't be able to give you any legal opinions or answers during this initial intake interview. Will that work for you?"
Get the client to give you a narrative explanation of the problem that brings him or her to the Clinic. For example, "Tell me about your predicament (or situation) or "Tell me what happened"
Listen and observe. Show the client by your physical reactions that you are listening and understanding what he or she is saying.
Don't fold your arms. Lean forward and smile as he or she talks.
To show him you're listening and to keep him or her talking, nod your head up and down and say "ok" or "I see," or "I understand"
Echo back what the client said.
Look at the client.
Eye contact indicates your interest and concern.
Take brief notes to help you with follow-up questions, but do not stare at your note pad.
Ceding Some Control During the Client Interview
It may be useful to cede some control of the interview to the client at the beginning of the storytelling segment of the interview.
Most clients appreciate the opportunity to ventilate their frustrations, fears, anger, and anxieties.
The downside to the client's free rein is that he/she may tell you more than you want to know at this early stage. You will need to find a balance, so gently guide the client back on track.
After you have heard the client's narrative; summarize it back to the client. That way the client knows that you have been listening to his story, and you know you've understood it.
If the client has brought anything to the interview look at it. If the item is documentary, have copies made for your file.
Avoiding Expressions of Negativity
Certain types of client behavior will trigger negative reactions. Be aware of your reactions, and guard against becoming insensitive to your client.
Try to find the good in your client.
Watching for "Red Flags"
Certain conduct on the part of the client may be a red-flag that will indicate future difficulties that you may have with the client.
Red flags include the client who is in continued denial, i.e., the person who simply refuses to face facts, the argumentative client who wants to quarrel with everything you say, the hostile client who displays a high level of nonspecific or misdirected anger, the obsessed client who is totally preoccupied with the case and often, has a thick file of self-generated documentation about the case, the client who has already spoken with several other lawyers who have not taken the case, the know-it-all client who professes to know more about lawyering than you do, the passive client who appears to be under the thumb of a companion who typically does most of the talking for her/him, etc.
You may want to address these concerns with your supervisor and with the class.
Exploring and Clarifying the Client's Story
Get a Holistic Understanding of Client's Business: Go beyond the narrow legal issue that brought the client to the office. Be curious about the nature of the client's business. Find out more about (i) the specific the goods or services being provided, (ii) who the customers are, (iii) how the marketing is to be done, (iv) who the suppliers and subcontractors are, (v) the client's background and experience relevant to the success of business, (vi) etc.
Ask for clarification, e.g., "I'm not clear on (indicate the subject)," Can you tell me a little more about (indicate the subject ?" "What happened when (indicate the event ?" "How will (indicate the event) affect (indicate the area of concern)?"
Give the client plenty of time to answer your questions.
Ask questions that inquire of only one new fact per question.
If you wish to probe, start with open-ended questions, e:g., who, what, when, where, why, and how, and follow that with specific questions.
Be cautious about asking too many narrow or closed-end (leading) questions that force the client to make admissions.
Paraphrase what the client said and see if the client agrees.
Avoid judgmental cross-examination in the initial interview. You do not want your client to "clam up" and withhold crucial facts from you.
Gently, but directly confront the client with any holes in his story and ask for explanations. Never patronize your client and avoid arrogance.
Explaining Why You Don't need to Know Everything Right Now (Initial Interview)
Tell the client that at this stage you purposely don't need to know every specific detail. Explain that what you want from the client is enough information to understand the problem and present the problem to your supervisor so that a determination can be made as to whether or not the Clinic can assist.
Explaining the Legal Procedure of the Clinic
How do you work with your supervisor on cases, does the client need a deliverable by a
certain date, explain the timeline of the semester, explain the process, explain that you will need to work closely with the client to get documentation, review documents, importance of being able to reach the client so that you can provide the best service possible
Ending the Initial Intake Interview and Ending Subsequent Interviews
As the intake interview draws near to a close, explain what you will do as the client's legal intern and how you will work with the client should the Clinic accept the client's case. Ask that the client execute the retainer just in case their case is accepted. This will eliminate the need for the client to come back to FIU to execute this paperwork. If their case is accepted, the retainer will be countersigned by the Professor, if their case is not accepted, the retainer will be destroyed. EXPLAIN THE RETAINER. EXPLAIN THERE IS NO FEE IF THERE CASE IS ACCEPTED. Shake the client's hand, show them out, and make sure you have all necessary contact information, cell phone, e-mail, etc. so that you may contact the client and let them know the outcome of the case decision.
After the case is accepted:
You will send an opening letter which is approved by your supervisor;
You will call the client and explain your role in investigating the case and preparing, planning, and carrying out a plan to address the legal issue;
ext, diagnose the client's legal problem to the extent possible without giving dispositional advice. Be careful about giving dispositional advice. Your client will want, to know immediately how the case is going to turn out, and that is not generally feasible. Don't shoot from the hip. Take time to identify the problem, fully investigate and strategize with your supervisor before you give firm dispositional advice. Tell the client if there are areas of law you need to research and admit when you do not know something. You are not expected to have all of the answers. This is a common pit-fall for young lawyers who want to have all of the answers. If you need to conduct additional research or investigation, let the client know when you will get back to him or her. Your client will understand
why you can only give an initial diagnosis if you explain why you need to assess the situation more fully before deciding on the proper dispositional course of action. Explain the next steps in the process. Let the client know when he or she will hear back from you.
Have your client take a written list of action items the client needs to perform. In some cases it will be useful to involve the client in self-help with the case investigation. Give the
client a task, e.g., doing a write-out of a narrative explaining the story, getting proper names of parties, getting a client's business plan, etc.
Give the client practical advice concerning legal and non-legal action.
Tell the client to write "Attorney-Client Communication - For My Attorney's Eyes Only" on each page of any written assignment that you give him.
Schedule the next Contact with the client, if appropriate. Make sure he/she knows how to get in touch with you. If you have various phone, fax, e-mail and/or other numbers, give the client a card with the ones that are appropriate,
If you have a secretary or paralegal who will be working on the case, introduce your client to that person as their "office contact," and tell the client how to Contact that person.
Asking Your Client if he or she has any Questions
Even if you've been diligent about making sure your client understands the interview process, there will be some things that she has missed and other things that you forgot to say. Ask if your clienthas any questions about what's happening. When she has finished asking questions, ask if she has more. Clients will often say that they don't have any questions, but it is important to ask a second time. If they say 'no' again, try prompting them by saying: "You look like you might have a question or perhaps I didn't explain something properly."
Part Three: Challenges Faced During the Interview
Working with an Interpreter
Address the client, not the interpreter.
Interpreters facilitate communication; do not get them substantively involved.
Interpreters should not be consulted or regarded as a reference for the interview.
Do not shout.
Breakdown in Communication
There may be differences between you and your client and those differences can make communication difficult. Have patience during the interview and make sure any misunderstandings are cleared up.
Difficulty with Facts and Transaction Mapping/ Chronology
Determine what documents you need and ask the client to bring all documents before
you next meeting and/or e-mail the documents to you, see if other documents may exist to help you.
Make a transaction map with the client (second interview after discussing with supervisor) or chart a chronology of the facts
Point out gaps or inconsistencies in the transaction map/chronology and ask the client to clarify
Don't get off track
Clients Straying from the Facts
This is one of the most common issues with clients that have legal business needs. Sometimes they don't know exactly what they need or what they want, so they jumble all the facts together! It is your job to tease through these facts and order the client's thoughts.
