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Law professionals would invariably be involved in interviewing the clients who maybe individuals or corporate and require to discuss their pending issues. To interview them is a skill requiring training and practice. The next stage is to counsel them and proceed further. This presentation is an effort in that direction.
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Teaching Interviewing and Counselling for Legal
Practice.
Presentationby
Maj. Gen. Nilendra Kumar,Director,
Amity Law School, Noida
Legal practice is
practice of law
Legal practice is always in relation to a client.
Client may be an individual, corporate
government or a class of persons.
Law professions often interview and counsel
clients.
Interviewing will precede counselling
The practice of law involves rendition of legal
clients to clients, drafting legal documents and
representing them in legal negotiations and court proceedings.
Hence, a lawyer has to understand the case of his client, in other words the facts.
The facts are nine tenth of law
Correct assimilation of facts would help proper
study of the issues involved, decide legal remedy
and proper prayer to be made.
Primary object of interviewing is to find out the
facts of the case.
Other purposes
1. To ascertain his capability to stand in the witness box.
2. To let the client gain confidence in the lawyer.
COUNSELLING
The process of giving advice, opinion or instruction with regard to a cause in a court.
Counselling may as well be with regard to a
matter that may not have reached a court of
law.
TECHNIQUE
1. As far as possible, ascertain the nature of case prior to interviewing.
2. Make an arrangements to record the facts.
3. Do it in the chamber, if feasible.4. Maintain confidentiality.5. Keep interpreters standby, if required.
Generally the single most important factor in
building rapport is the ability to listen.
Show empathy to the client. Try to win his confidence.
What questions to askFive Ws
What Why Where When Who
If there has been an earlier litigation, or one is
pending, get complete details.
No unnecessary persons to be present during
the interviewing/counselling session.
DURING THE INTERVIEW
1. Advice the client in a sequential manner.2. Let the client speak.3. Do not interrupt unless necessary.4. Do not be impatient or in a hurry.5. Avoid leading questions6. Do not appear patronizing or judgmental.7. Never poke fun or be sarcastic.
COUNSELLING
May be carried out in more than one session, if
it involves detailed scrutiny of documents, statutory provisions or case law.
The legal options be explained with merits
and demerits of each together with time and
monetary costs/consequences.
Explain the time available or urgency, if there is
a need for it.
CONCLUSION
Proper interviewing and counselling would
induce the client to appear confident that he/she is in safe hands.
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