Key to effective legal practice is the proper appreciation of relevant facts.
Assembling facts requires skillful discussions with the client compared to a military campaign.
Preparation and execution are crucial for successful interviews.
Students will acquire an understanding of the complexities of the legal interviewing process and demonstrate questioning skills.
Prescribed Reading:
Allan Chay and Judy Smith, Legal Interviewing in Practice (1996) - Chapter 10 available on QUT Course Materials Database.
Recommended Reading:
Ross Hyams et al., Practical Legal Skills (3rd ed, 2007) - Chapter 2.
Bobette Wolski et al., Skills, Ethics, and Values for Legal Practice (2nd ed, 2009) - Chapter 3.
Access materials and interactive tutorials on legal interviewing and questioning on the QUT Canvas Site.
Participate in exercises to develop interviewing and questioning skills in tutorials before the Client Interview and Advice assessment.
Communication quality affects professional relationships with clients.
Effective communication ensures efficient interviews.
Good communication skills are essential in interactions with clients, peers, and courts.
Enhances relationships and lowers risks of professional indemnity claims.
Maintain eye contact.
Be attentive and aware of biases.
Avoid premature diagnosis and listen for auditory clues.
Observe body language.
Wait for the client to finish before speaking.
Identify the purpose of your message and plan its delivery.
Use appropriate tone, pace, and loudness; direct conversation to the client and maintain eye contact.
Keep language positive and concise.
Use simple, powerful words, and understand multiple meanings of words.
Utilize silences effectively.
Voice Indicators:
Monotone - boredom
Slow speed, low pitch - depression
High voice, emphatic pitch - enthusiasm
Abrupt speech - defensiveness
Tense speed, loud tone - anger
High pitch, drawn-out speech - disbelief
Posture/Activity Indicators:
Arms folded - closed
Hand on chin - listening
Hand on face - bored
Constant scratching - nervousness
Frowning - worried/disagreement
Maintain an involved posture, appropriate body motion, and eye contact in a non-distracting environment.
Avoid relying solely on body language.
Be aware of personal biases and transference in conversations.
Let the client talk; communicate reactions non-verbally.
Verbally reflect understanding of the client’s statements, framing them as questions.
Closed Questions: Yes/No (e.g., "Was the car yellow?")
Narrow Questions: (e.g., "What colour was the car?")
Open Questions: (e.g., "Tell me about ...")
Value-laden Questions: (e.g., "How fast was the maniac speeding?")
Check Questions: (e.g., "Are you saying that ...?")
Reflective Questions: (e.g., "So you felt abandoned.")
Leading Questions: (e.g., "You worked hard for promotion?")
Hypothetical Questions: (e.g., "What if the Magistrate doesn’t believe you?")
Choice Questions: (e.g., "Was the car green or blue?")
Start with open questions then narrow down to close questions following the discussion’s specificity.
Use motivational statements to encourage discussion.
Provide progress reports to recap established ground.
Emphasize confidentiality of the discussion.
Request feedback regarding the client’s feelings about the session.
Considerations: Language, gestures, attitudes, personal space, and conversation dynamics.
Legal interview is personal and complex, serving as a primary legal access point.
Important for resolving legal and emotional issues effectively and providing clients with decision-making support.
Focus on enhancing lawyer-client relationships during legal interviews.
Focus on client’s interests in collaboration, considering legal and non-legal aspects.
Help clients identify options, implications, and evaluate their choices collaboratively.
Feature | Instrumental Approach | Relational Approach |
---|---|---|
Focus | On matters solely | On clients’ holistic needs |
Context | Legal problems framed only | All aspects considered (legal and non-legal) |
Lawyer’s Role | Commands the interview | Works alongside client |
Client’s Role | Source of information only | Active participant |
Relevant Facts | Only legal facts seen as important | All client-relevant facts considered |
Control | Lawyer controls the interview | shared control with client |
Lawyer Autonomy | High autonomy in handling matters | Collaborative decision-making |
Options Considered | Only traditional legal options | All options including alternatives to litigation |
Effective communication
Building rapport
Adhering to professional obligations
Strategic overview (helicopter vision)
Providing direction during interviews
Investigative and analytical skills
Advising appropriately
Creative problem solving
Prepare:
Learn client and matter background
Prepare the interview environment
Conduct preliminary research
Self-preparation
Start the Interview:
Effect introductions
Collect personal details
Determine structure of the interview
Begin with an opening question
Reach Shared Understanding:
Understand client’s concerns and expectations.
Identify and Evaluate Alternatives:
Discuss alternative actions and their implications.
Take Instructions:
Collect informed instructions from the client.
Define roles and expectations for both parties.
Closing the Interview:
Clarify future relationships and confirm agreed actions.
Reflect:
Analyze content and outcomes of the session.
Record instructions and confirm details through writing.