CLIENT COUNSELLING

NOTES ON STEP BY STEP PROCESS

- Chirag Balyan

Overview

The first stage involves helping and enabling the client to tell the story naturally and is
characterized by little speech on the part of the lawyer, other than encouragement.

In the middle section of the interview the lawyer takes more active role. He questions the
client on ambiguities or gaps in the factual details. Lawyer tries to gain more depth of
information on particular points. This is followed by the lawyer’s summing up of the major
facts and the client’s wishes, to check with the client that they have been properly
understood. Both lawyer and client generally participate about equally at this stage.

In the last stage, the lawyer gives the advice or outlines the plan of action by stating to the
client all the available options. The lawyer must state the implications (merits/demerits) of
all such options. Lawyer shall not force any option upon the client. He shall leave it to the
choice of client. Lawyer shall only help the client in taking an informed decision. Thereafter,
the lawyer should set the next contact before terminating the interview.

Stage 1

1. Greeting, seating & introducing

2. Eliciting story with opening question or helpful silence
3. Obtaining basic outline of personalities and case from client’s own unhindered words

Stage 2

4. Questioning on facts for gaps, depth, background and ambiguities and relevance
5. Summing up and recounting lawyer’s view of facts, & checking for client’s agreement
or amending

Stage 3

6. Stating advice/or plan of action

7. Repeating advice/plan of action & checking for client’s agreement or amending.
8. Re-counting follow up work to be done by the silent
9. Re-counting follow up work to be done by the lawyer
10. Stating next contact between lawyer & client
11. Asking if any other business and dealing with it
12. Terminating, helping out & goodbyes.

Note Taking
 Important Points in Various Stages

Stage 1 – How to Begin?

a. Social norms like greeting, rising & seating are essential. However, lawyer must be
vary of the cultural aspects.

b. The lawyer should also introduce himself. He must not presume that the client knows
about him. Such introduction should include a description of status, experience &
expertise.

c. Lawyer must not assume that the lawyer-client relationship exists from the moment
the client enters his office. Clients must be given a chance to make up their minds
whether they have sufficient confidence in their lawyer and whether they are likely to
get on well together.

d. Lawyer must help the client if necessary to elicit the story. This can be done by asking
an open question or just by remaining silent.

e. Lawyers tends to jump on the facts. They by virtue of their legal training tend to
narrow down the issues as soon as possible to a manageable problem with some
‘legal’ relevance. This prevents the client from opening up and consequently lawyer
may not be able to see from the client’s perspective. Lawyer must actively listen to
the client and must take the notes of the important facts.

f. Mutual confidence must be built up. It is important to set up rapport.

Stage 2: Probing, Sorting & Understanding

a. Lawyer must ask the open ended questions.

b. Lawyer should generally move from general to specific questions.

c. The lawyer’s tendency heavily to structure an interview into narrow lines of inquiry
may be fatal to a proper understanding of the client’s problem.

d. The lawyer should check back with the client that the client’s intended story and
needs have been perceived by the lawyer.

e. Summarizing can be used either to ‘close off” or ‘open up’ a part of an interview.

f. Lawyer must allow the client to comment, if necessary disagree with and modify, the
summary. Therefore, lawyer after summarizing must confirm the correctness from
the client.
 g. Note taking by lawyer should not result into lost of eye contact for long periods of
time and the disturbance in the client’s natural flow.

Stage 3: Advice & Continuing Relationship

a. Lawyer must explain to client that how law operates in relation to his/her problem.

b. At this stage the tendency among many lawyers is to handle the client’s problem as
if it were an examination question to which they have to answer. This is not an apt
way.

c. Lawyer must emphasize upon the client centered decision making. He must involve
the client in decisions.

d. Lawyer must attempt to put forth his suggestion in a language understandable to a

laymen. He shall avoid using legal jargons.

Notetaking is central to all stages and that is why not put in any particular stage.
 Essential Skills for a Lawyer during Client Counselling

1. Handling personal and confidential topics.

2. Not accepting client’s jargon.
3. Not overusing legal terminology.
4. Precision in obtaining information.
5. Efficiency in obtaining information.
6. Picking up client’s verbal cues.
7. Not over-repeating of same topics.
8. Clarifying gaps or confusions.
9. Controlling the client and “irrelevant” information.
10. Facilitating the client to talk.
11. Not using “leading” or “closed” questions.
12. Not using complex questions.
13. Ease with client.
14. Empathy with client.
15. Reassurance of client.
16. Time control throughout.
17. Opening closing ease and control.
18. Giving advice and counselling.

Source: Avrom Sherr, Lawyers & Clients: The First Meeting, 49 MODERN LAW REVIEW, 323-
357 (1986).

(Note: This material is prepared only for educational & training purpose.)