LEGAL SKILLS (2 CREDIT)

2HR LECTURE + 1HR TUTORIAL

MOHD AZIZIE ABD AZIZ

H/P: 019-345 1520
ROOM: MUMR2022
Consultation hour:
11-1 (MONDAY THURSDAY) - By appointment

ASSESSMENT COMPONENT

ASSIGNMENT : 20% - ME
MID-TERM : 20%
TUTORIAL TASKS : 10%
FINAL : 50%
Course Learning Outcomes

Display legal skills in client interview

Topic Learning Outcomes

At the conclusion of the lecture, the students should be able to

describe the nature, purpose, importance and structure of an
effective CI in the lawyer-client relationship.
prepare and conduct effective, efficient and professional CI;
develop listening and questioning techniques; provide
appropriate advice and information.
ACTIVITY 1

1. Can a lawyer seeks a client?

2. What is the different between Interview & Counseling?

https://www.youtube.com/watch?v=_veRz2lsMB8
Introduction

A client meets a lawyer for a legal purpose/help. (e.g. obtaining

legal advice, representing in a legal action, creating a will/trust,
forming a contract/clarifying information about rights &
obligations) - because lawyers are legal expert & qualified.

During the meeting in the office (except if client in hospital,

custody, abroad), the lawyer interviews the client to obtain
information.

Once information has been obtained, the lawyer provides

counseling to the client.
 Lawyers work in interviewing & counseling stages are largely
overlaps.

Through interviews, the interviewer establish a lawyer-client

relation by way of collecting facts & information, building
rapport, and winning clients confidence.

The lawyers are to continue all such work through counseling.

But there is an additional step in counseling: the lawyer help
clients work out choices of decisions.

Always bear in mind the goal of counseling: To help clients

actually reach a decision(s).
ACTIVITY 2

1. What is the purpose of CI?

2. Why it is important to have an effective CI?

https://www.youtube.com/watch?v=UIYWsyMOiHk

https://www.youtube.com/watch?v=bFSidbI2oSo

https://www.youtube.com/watch?v=Gmhi58erY6k

https://www.youtube.com/watch?v=vHmborn4eNE

https://www.youtube.com/watch?v=GjsLONBti0c

https://www.youtube.com/watch?v=qAFY9Vbslf8
CLIENT INTERVIEW
(CI)
 CI will often be the first occasion on which legal skills will have
to be applied in a real & practical context.

What is a CI?
Professional interaction btw a lawyer & a client, convened for the
purpose of obtaining instructions in relation to particular
matters and establishing effective relationship btw them.

Objectives of CI:
a) obtain as much information (instruction) in respect to the
situation presented by the potential client;
b) establish effective relationship with client, and gained clients
confidence.

Differ from social conversation. It has specific objectives.

Normally take place on face-to-face i.e. one to one (except if
involves infant, interpreter)

Significant of Effective CI:

Efficient gathering of information.
The information obtained should be enough for the lawyer to
take the next steps without going back to the client for more.

Good relationship with client

Create positive atmosphere btw them and develop a relationship
of trust & confidence.
Effective CI Techniques/Tips

(i) Plan the interview.

Ensure CI to run smoothly & save time.
Easier to get information - structured and organised

(ii) Good communication skill: (+ Questioning & Listening)

- Communicate accurately and precisely.
- Develop a relationship of trust and understanding.
- Interpret accurately what the client says
- Identify what information is ambiguous or missing
- Avoid thinking of "similar" situations in the past or anticipating
the story to prevent the flow of information from being altered by
the interviewer's preconceptions.
- Explain the requirement of confidentiality under the attorney-
client privilege.
Questioning skills:
E.g. Asking What else occurred?" may not elicit the same
response as inquiring What was the very next thing that
happened?"
(The former question requires a judgment as to what else was
important. The latter does not.)
- Asking questions in an appropriate way to elicit the necessary
information
Explicitly state the legitimate purpose for which the
information is sought.
The questions are not being asked out of curiosity or a desire to
invade the client's privacy, but from a legitimate need for the
information.
 Listening skills:
- Listen actively to determine the significance of statements.
(Active listening requires a constant analysis of the
conversation's contents, body language etc to decide whether the
info is important & accurate).
- Stay attentive & interested to listen.
(iii) Empathy:
- Attempt to understand the client's situation and its
implications. (Note: Empathy not sympathy. You do not need to
feel sorry for the client)
The interviewer must be interested and must also convey the
impression that s/he is interested in clients as people, respects
them and understands their emotions and desires.

(iv) Note Taking/Recording:

- Make an accurate, legible note. Try kept at a minimum. Should
not interfere the communication process.

(v) Do not Judge the Client

(vi) Flexible:
- The client to be treated as an individual with a unique set of
issues, rather than just a legal problem.
 Smart in controlling the situation and time
- if the attorney appears hurried, the client may feel that the
interview is not really important & the attorney does not
want to deal with his/her problems.
- If terminate the interview in a short time - important facts
might be left out.
- This perception may make the client feel unimportant and
prevent the development of a trusting relationship.
ACTIVITY 3

A client calls your office and seeks for your advice.

1. What should you do?

2. What are the skills required for CI?
3. What is the most import step of CI?
4. What is your role during CI?
Interview Process

Preparation

Opening

Taking
Instructions
A) Preparation

Preparatory work/careful planning is important to achieve a

successful outcome.
To give good first impression/build rapport.

(i) During appointment, advise the client to bring all related

documents e.g. I/C, police report, marriage certificate etc.

(ii) Prepare & check file. Sort all standard forms & documents
e.g. checklist, client information forms, warrant to act,
consent/authority etc.

(iii) Know the fee structure.

(iv) Allocate sufficient time for the interview.

(v) Conduct preliminary research if the client has provided
certain information before interview.

(vi) Draft an interview plan which consists of a list of

area/matter to be questioned. e.g. prior conviction, date of
marriage. Do not list all the questions as it will lead to reading.

(vii) Set the place. Ensure the place of interview is clean, tidy
and at a comfortable area (except outside office e.g. prison,
court, police station). All papers are ready and within easy reach.
B) Opening (Communication skills)

Try to develop a good relationship with the client. (social

aspect)

Greet the client and show them to their seat (meet, greet and
seat). Common courtesy introduce yourself.

May engage in a small talk, offer drink etc. - to ease the client &
help him settle down.

Fill in all forms & confirm clients personal details.

Briefly explain your role & confidentiality of the interview.

 Inform the client they are free to ask questions at any stage for
clarification.

Let the client know that you will discuss the clients legal rights
& possible solutions at the end of the interview.

Most client will invariably want to know the following:

o Can I win?
o What are my chances?
o What if I lose?
o How much will it cost me?

Tell the client you will be unable to advise them adequately

before you have gathered sufficient information.
C) Taking Instruction (Communication skills)

Once the client are settled, the interviewer may start the
process of collecting information.

Invite the client to give a brief overview of his/her concerns.

2 approaches:
(i) Let the client tell his story in one take
-seek clarification later
(ii) Question & answer

Require 2 skills
(1) Listening skill
(2) Questioning skill
(i) Listening Skill

Listen carefully. This is the clients chance to tell his story.

Interviewer will obtain fuller information if let the client focus
on his concerns at this stage.

Effective listening involves not only hearing what is being said.

Includes noting the way in which things are said & the body
language displayed while it is being said. (evaluate the behavior
of the client as they speak)

If he reluctant to open up & reveal information, try to reassure

them and encourage them to share their thoughts.
 Require also constant analysis of the conversation's contents
to decide whether the information is important and accurate.

Avoid preconceptions. The client's statements should not

merely be accepted. Careful probing may disclose, for example,
that the client is merely speculating about certain actions and
has no personal knowledge regarding them.
(ii) Questioning Skill/Technique

Effective questioning help the interviewer to obtain the

information he needs in order to provide the client with full
and informed advice.

Questioning allows the interviewer to probe a little more

about the issues raised by the client.

Some clients are capable of giving information with little

prompting. Others need to be encouraged.

The interviewer should maximize the client's ability and

willingness to answer.

One question at a time. Do not mix or ask multiple questions.

Remember, this is not interrogation!!
 Prompt the client with open-ended questions like what
happened next?
(Open-ended questions)
- encourage the client to talk and give him the widest possible
choice of answers.
- does not limit the response.
- usually begin with what, why, how
E.g. What happened? Why did he react like that? How exactly
did the fight between the two of you start? Describe

(Closed/Narrow questions)
- restrict the answer, limit the respond
- But simplest way to elicit information.
- Best use to clarify information
E.g. What is your name? Where do you live? How many children
do you have?
 Leading questions @ Yes/no questions
- suggests an answer attempts to force the response
E.g.: Is your name Michael? Do you live at Melaka? Do you have
a daughter name Elle?

- pose the risk for distorting the clients answer.

E.g. Are you drunk? Did the lab reports show strep throat? You
really feel awful, dont you?

Use leading questions only to confirm information provided

by the client / to obtain information that the client may be
reluctant to admit.
E.g.: I guess youve had trouble with the police before.
HOW TO DEAL WITH CLIENTS

i) Secretive/Quiet Clients: withhold information.

- find out the reason for withholding information, what worries him,
tell them you need full information to give advice, there is
confidentiality rule .

ii) Talkative/Repetitive Clients: cant stop talking, repeats the same

information over and over
-direct them back to the reason he comes to you, remind them time is
money

iii) Defensive Clients: stress he is innocent, blame others, refused to

reveal information unless explain.
-remind them that he is the one who sought for your help.

iv) Unhappy Clients: everything you did is wrong

ascertain why he is upset, reassure everything is on track
v) High Demanding Clients: frequently call, insist daily report
- identify their concern, what cause them to act as they are

vi) Overconfident Clients:

- remind them from the very beginning not to aim high, prepare risk
analysis

vii) Bitter Clients: vengeful, want the other party to suffer

- help them to identify their real interests and concerns, understand all
the implication

viii) Delinquent Clients: keep breaking promise, law, uncooperative

- inform them the implication of their act

ix) Indecisive Clients: wants the lawyer to decide

- reiterate that decision is the clients to make, give them time