Theoretical overview
Client interview is the communication b/w the client and his advocate. Where questions are asked and answers are given. The lawyer/advocate advice his client on legal matter.
Interviewing is the starting point for establishing of advocate- client relationship.
In client interview client opens up and talk about his/her problem and concerns and express his expectations.
The lawyer/advocate listens , note-down and question the client for necessary information.
There is a sharing of information, view and needs through verbal communication.
In interview first step is taken by the lawyer in handling any legal matter , main function of client interview is to finding the facts.
Communication is the key of the client interview. Both lawyer and client should have good control over language.
The client should disclose all the facts to the lawyer related to the problem.
Purpose of client interview:
- The Purpose of client interview is to understand the expectations of the client.
- To build the professional relationship with the client.
- Fundamental purpose of client interview is to know the facts story.
Components of client interview
- Listening:
There is a difference between hearing and listening. Hearing is a passive process. We will naturally hear sounds within human hearing range unless there is some hearing impairment. Listening, however, is an active process. When listening, we direct attention to the act of hearing. Listening involves an intention both to hear and to understand what is heard. Hearing may be natural, but listening is a skill.
The skill of listening can be developed when you know what to do and practice specific behaviors. The skill of listening requires:
- A state of mind
- Your mind must be free of other distractions so that you can truly focus in on what you are hearing.
- An intention to listen
- You must have the desire to hear and understand what the other person is saying.
- A method of tracking
- You must be able to track what the person is saying and how it all fits together.
- A process of clarifying or verifying
- When appropriate, you must be able to verify that you are getting the person’s message correctly and clarify any confusion or missing information.
Listening is a skill in a sense that it’s a related but distinct process than hearing which involves merely perceiving sound in a passive way while listening occupies an active and immediate analysis of the streams of sounds. This correlation is like that between seeing and reading. Seeing is a very ordinary and passive state while reading is a focused process requiring reader’s instrumental approach. Listening has a “volitional component”. Tomatis’ (2007) view is, while listening; the desire to listen, as well as the capability to listen (comprehension) must be present with the listener for the successful recognition and analysis of the sound.
Active Listening: People who are considered excellent listeners typically use the skill of “active listening.” Active listening requires a definite intention to listen. Active listening requires that you focus on the speaker and limit or eliminate internal and external distractions. Active listening includes all of the appropriate non-verbal and verbal cues that indicate you are listening. Active listening provides a feedback loop that ensures you are getting better and more accurate information. Active listening reduces misunderstandings and encourages open communication.
- Types of questions:
There are two types of questions open ended question and close ended question
Open-ended question: Open-ended questions are questions that cannot be answered with “yes, “no,” or a simple fact (such as a date). An open-ended question is used to get the customer talking. “O.K Mr. James, what happens when you turn the machine on?” Open-ended questions “open up” the conversation.
Open-ended questions begin with: How…? Why…? When…? Who…? What…? (As in what is the problem?) Where…?
Closed-ended questions: Closed-ended questions are asked to get a yes/no answer or a very specific piece of information, such as a date. Closed-ended questions include status questions, such as the customer’s name, phone number, serial number, etc. Closed-ended questions “close in” on a fact.
Closed-ended questions begin with: Did…? Can…? Have…? Do…? Is…? Will…? Would…? What…? (As in what is your address?)
Points to remember
- Client interview is the communication b/w the client and his advocate. Where questions are asked and answers are given. The lawyer/advocate advice his client on legal matter.
- Communication is the key of the client interview
- Fundamental purpose of client interview is to know the facts story.
- Listening is an active process.
- People who are considered excellent listeners typically use the skill of “active listening.” Active listening requires a definite intention to listen. Active listening requires that you focus on the speaker and limit or eliminate internal and external distractions.
- There are two types of questions open ended question and close ended question