client interviewing

A good interview moves through stages: building rapport, letting the client tell the story uninterrupted, questioning (open questions first, then closed questions to fix details), identifying the legal issues, explaining options with their risks and costs, agreeing on next steps and fees, and recording what was said. The lawyer should separate what the client knows from what he believes.

Two legal duties apply from the first meeting. Communications with the client are privileged and the advocate must not disclose them (s.132 BSA, old s.126 Evidence Act). The advocate must also decline the brief if he has a conflict of interest. Client interviewing and counselling is part of the practical training papers and of client counselling competitions.

Example

During client interviewing the student asked open questions first, then pinned down dates and amounts, and ended by explaining the limitation risk to the client.

In Indian law

• Section 132, Bharatiya Sakshya Adhiniyam, 2023 (old s.126, Evidence Act) (professional communications)
• Bar Council of India Rules, Part VI, Chapter II (standards of professional conduct and etiquette)

See also

privileged communication · legal ethics · moot court · advocate

Read more in the study notes

• Client counselling, court-room situations and communication games (Business Communications)