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How To Conduct An Effective Initial Client Interview

The document outlines the stages and best practices for conducting an effective initial client interview. It discusses establishing rapport, setting the agenda, explaining confidentiality and fees, having the client provide their narrative, reviewing and clarifying the facts, assessing the potential case, and agreeing on next steps. The goal is for the lawyer to understand the client's issue, evaluate whether they can assist, and develop a plan for how to proceed.

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PN Trinidad
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171 views16 pages

How To Conduct An Effective Initial Client Interview

The document outlines the stages and best practices for conducting an effective initial client interview. It discusses establishing rapport, setting the agenda, explaining confidentiality and fees, having the client provide their narrative, reviewing and clarifying the facts, assessing the potential case, and agreeing on next steps. The goal is for the lawyer to understand the client's issue, evaluate whether they can assist, and develop a plan for how to proceed.

Uploaded by

PN Trinidad
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
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How To Conduct An Effective

Initial Client Interview


Attorney-Client Interview
Interviewing a client is the first step in judging whether a good attorney-client relationship is
likely.
It reveals whether the parties have the same expectations for representation and whether they are
capable of sharing open, honest communications.
The client should give the lawyer all the facts about his legal matter during the interview.
As the lawyer, you should determine whether your knowledge and expertise can be useful
based on those facts, and directly disclose your analysis of the circumstances.
Stages of the Interview
 Early Stage:
1. Introduction
2. Agenda Setting
3. Brief Identification of the Problem and the Client’s Goals
4. Confidentiality and the Attorney-Client Privilege
5. Fees
 Main Stage: Heart of the Interview
1. Client Narrative – Facts and Circumstances which led to the Consultation
2. Lawyer’s Review and Clarification of Client’s Narrative
3. Review and Discussion of the Prospective Case
 Closing Stage
1. Agreement on Next Steps
EARLY STAGE
1. Introduction
 Rapport and relationship begins here.
 Introduce yourself simply and then let the client introduce himself.
 Be attentive to your client’s physical comfort.
 Inquire whether he would like a water, tea, coffee, and the like.
 Listen to your client’s first words.
 First words uttered by the client are often keys to what is troubling him.
2. Agenda Setting
 Having a structure in mind for the interview helps orient the lawyer and the client.
 If a client had a topic or a concern he wants to be addressed, he will take comfort when it
is put on the agenda.
 The lawyer may state: “I have an informal agenda” or “Here’s an order I suggest for this
meeting.” It simply means that you bothered to prepare.
 The idea is to review the order of things but this can be amended or not considered at all
based on your preference.
3. Brief Identification of the Problem and the
Client’s Goals
 For early problem identification, it’s nice if you can get it at the first instance, but don’t try
too hard.
 Problem identification depends mostly on the client’s description and narrative of the
problem.
 It will all come out eventually. Just listen.
4. Confidentiality and the Attorney-Client Privilege

 Lawyers have an obligation to maintain client confidentiality.


 This attorney-client privilege will make the client feel comfortable in conveying full
information because he trusts that the lawyer will maintain confidentiality.
 If the client is uninformed regarding the lawyer’s confidentiality obligation, its purpose is
not fully served. The client doesn’t know that the information conveyed is secure and he
may hide some important facts.
 As a matter of good practice, clients may be provided with written descriptions of the
attorney’s confidentiality obligations and their exceptions.
5. Fees
 Many of us are uncomfortable discussing money in general, and particularly
uncomfortable how much we are to be paid for our services.
 However, FEES are NECESSARY being the bloodline of the profession unless you want to
handle the case pro bono.
 A written record of fee arrangements such as: the scope of representation, the basis of the
fee (research, complexity of the case, resources to be spent, time to be spent, etc.),
contingency fees and/or other fees is clearly the BEST PRACTICE.
 These must be explained to the client and his written conformity must be secured.
 Most attorney-client disputes involve fees, and in most of these, there was no written
agreement.
MAIN STAGE
Heart of the Interview
1. Client Narrative

 The stage where facts and circumstances which led to the consultation are revealed.
 The most important, fundamental, and best practice is NOT to interrupt your client when
he is telling his story.
 EXCEPT if the client gives too much detail about unimportant things and jumble time
frames.
 What lawyers should do? Listen actively and note important facts.
2. Lawyer’s Review and Clarification of Client’s Narrative

 After the client’s narrative, the lawyer is advised to review it with the client and ask
questions.
 The lawyer’s review involves questions to clarify sequence and elicit details, and to avoid
risk of missing important points.
 This will also prevent disasters such as: accepting a client who creates a conflict of
interest, missing a statue of limitations or other deadline that extinguishes or compromises
the client’s rights, and not taking urgent action to protect a client who is threatened with
immediate harm.
3. Review and Discussion of the Prospective Case

 The lawyer now discusses the possible legal issue/s involved, and explain substantive and
procedural rules applicable.
 He also determines who may be prospective witnesses to the case, the documents needed
to support the client’s allegations.
 The lawyer also discusses the status of the case, whether or not it has chances of winning
or whether it may be settled out-of-court.
 Compromise mechanisms may also be discussed.
CLOSING STAGE
1. Agreement on Next Steps
 In this stage, the lawyer and the client determine what proper action will be undertaken.
 The client may or may not be eager to file suit, or take another defined legal action.
 Sometimes, his broader interest may be served by waiting, by other out-of-court actions,
not necessarily involving a lawyer.
 The client’s full understanding of his case (thanks to the lawyer’s assessment) will reshape
his goals, interests, values, and constraints.
 If upon assessment, it is determined that filing suit is the best option, subsequent
interviews may now be scheduled in order to provide additional documents, interview
additional witnesses, and accomplish the necessary pleadings.
Finally, the initial interview is
finished.

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