M2 - Learner Manual

2.1. Meet with client and receive instructions or information

When a lawyer first meets a client, he/she needs to interview the client and gather facts about their problem in order to understand the client’s needs and assist the client in making an informed decision. Interviews with clients will be vital in obtaining information necessary to prepare their legal proceedings, inform clients of court procedures and respond to any questions or concerns they may have regarding their circumstances.  Further points to consider:

·      Appropriate location to meet with a client (including in outreach settings)

It is important to choose a safe and comfortable space to meet with a client. Different contexts that could be appropriate, depending on the client, include: an office space or a community centre room (if in outreach setting). Privacy is always important. It is important to be flexible, but to ensure both the practitioner and the client feel comfortable. In certain circumstances you should seek the permission of appropriate community members and/or organisations before entering a community and or using certain facilities within a community.

·      Consider who is in the room when you speak with the client

If a client arrives with family, friends or other support persons, it is advisable to ask to see the client alone first. The purpose of doing this is to ask the client in a private setting if they authorise anyone else being present when the interview is conducted. If you ask this question in the presence of family members, it can often be difficult for the client to say that they would rather be alone. Once you satisfy yourself that the client would like support persons present, it is then important to ensure that no-one present is a witness or potential witness in the case as this can have detrimental impacts for their case (e.g. contamination of evidence).

·      How to prepare for taking instructions

Ensure that there is writing material available to be able to take notes throughout the interview. It is often helpful, if time permits, to engage in conversation to establish rapport before diving into the core aspects of the legal matter. It is important to remember that the role of legal practitioners is to take instructions from the client. It is important to keep the interests of the client at the forefront of any interview.

·      Setting client expectations at first meeting

Setting appropriate expectations from the first meeting with the client is extremely important. For example, it is important to give realistic time frames on how long a case may take to resolve. How long a person may be at court that day. The lawyer should give advice which appropriately sets out the client’s options and possible outcomes in relation how the case may resolve. If the outcome may involve a serious impact upon the client (such as a jail penalty), it is important to deliver this advice sensitively with the time and space for the client to ask questions and understand their situation and options fully. Providing unrealistic or insensitive advice  perpetuates tensions that exist between client, or communities, and the legal justice system.

·      Explaining the role of a legal practitioner and the process that will follow the initial meeting

It is the role of a legal practitioner to listen to the client, to identify the legal issues, and advocate on behalf of them, in accordance with what the client instructs the lawyer to do. After the client has provided the practitioner with all of the relevant information, the practitioner will explain the next steps in the process and the client’s legal options  before the conclusion of the interview. The practitioner should remind the client of the time and place of the next court appearance and what is likely to happen on that day.  Providing the client with information to contact the field officer or practitioner (e.g. by providing a business card) and assuring the client that they should feel free to contact the practitioner if they have any questions is important. Make the client feel comfortable that they are entitled to call and have any issues clarified before the next court date. 

·      Full and correct recording of client personal details (especially contact details)

Ensure that all details provided by the client are documented correctly. This includes full name, address, date of birth and contact details. It is helpful to obtain the contact details of support persons or family members so that they can be called if there are any issues contacting the client. You should record if the client provides authority for you to talk about their case with any person or to contact support persons.

·      Safety of self and client during interview

If meeting outside of an office, ensure that other staff are aware of the meeting and location. If meeting within an office, become aware of safety devices, such as a duress button and exits. A common method of ensuring safety during an interview is having the practitioner sit closest to the door.