M2 - Learner Manual

Explain the purpose and format of interview to the client

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 the client may have regarding their circumstances.

The structure of an interview can vary. It can range from an informal first point of contact to a relatively formal meeting. Your interview may also vary in nature, from meeting with a client in person, to speaking with a client over the phone and what is becoming increasingly popular, interviewing a client via video conference. Regardless of the nature of formality of the interview, it is of upmost importance to ensure the client feels comfortable. Building rapport is essential, and first impressions are very important. It is necessary to gauge how you will structure the interview based on the needs of the client, which is particularly relevant for Indigenous clients.

 

Utilise effective communication techniques to determine client knowledge and understanding of the circumstances

Always keep in mind that the legal system is complex, and a client may not be as familiar with specific legal terminology and procedure. Therefore, it is essential to continually clarify any advice given to the client, and ask questions to ensure that they understand the information provided.

Another technique to ensure mutual understanding between interviewer and client is to repeat what the client has just discussed with you, such as ‘my understanding of your situation is x, y and z”. This technique is known as ‘active listening’.

Giving clients a hypothetical scenario similar to their own circumstances is a further method of testing their level of understanding. An example of this would be asking a client, ‘if you had a bail condition to report to police Monday, Wednesday and Thursday and you didn’t report on Wednesday because you were working late, could the police arrest you for breaching your bail?’

 

Follow statutory and workplace guidelines when conducting a client interview

Client interviews are conducted following guidelines of confidentiality and conflict of interest, and it is essential that these are explained to the client (see ILACSA501A for further information about this). It is vital to listen to all the information that the client shares and to make the client feel comfortable in the interview.

 

Record client responses in an appropriate format

It is important to take notes about important details throughout the interview, but not write down everything the client says. Names and dates are often important to write down as the client is talking given that they can be easily forgotten or confused over time. However, the interviewer must remain focused on the client, with their head up and keeping eye contact (if appropriate). After the conclusion of the interview, the interviewer can then include more detail in their notes while all of the information is still fresh. You may also consider at times video or voice recording an interview with a client, but these are less commonly used techniques and would certainly require permission.

In some circumstances, to properly prepare for a court case, it may be necessary to take a formal statement from the client in which the client’s version of events is recorded word for word and the client signs the statement as a true record of their instructions.

Debrief Post Interview

The debrief with the client is essentially explaining ‘where to from here?’ After the client has provided the interviewer with all of the relevant information to take preliminary instructions with, the interviewer will explain the next steps in the process before the conclusion of the interview. In a criminal context, this may be ensuring that a client is aware of their current bail conditions, or what would happen if they breached bail. The practitioner may explain what is likely to happen at the next court date and the approximate time frames for proceedings.

Additionally, the practitioner will inform the client what steps they will take on behalf of the client. Such as, they may discuss their matter with an instructing solicitor, or other relevant personnel. If relevant, they may organise rehabilitation services or liaise with a psychologist. Moreover, the practitioner will indicate anything the client needs to do for them, such as complete an application form, send through relevant documents, contact any particular services, or to come into the office for a further appointment at a given time.