Client interviewing

Client interviewing is one of the most important skills required of a lawyer, yet law students
rarely spend much time practising it. Communication and the ability to encourage a client to
confide in you is one of the most important parts of being a lawyer.

Client Interviewing forms an essential activity for most lawyers. The ability to interview
sensitively and in a client-focused way is vital to a lawyer’s ability to do their job well. But it is
not just lawyers who can benefit from these techniques.

Client interviewing involves many skills including the ability to:

 Listen actively

 Question appropriately (knowing when to ask general or open questions and when to
probe more specifically)

 Offer advice in a clear and user friendly way

 Empathise and relate to the client as a human being and not just as a ‘legal problem’.

How to conduct an effective client interview

Clients want to deal with someone they trust and like, so it is important for you to conduct the
initial interview to the best of your ability.

I don’t have great memories of my first client interviews. As a legal trainee I interviewed clients
on my own as my principal at the time was a strong believer in learning… by swimming in the
deep end! Needless to say, it was a steep learning curve.

Interviewing clients is a skill that improves with practice and experience. No doubt I’ll continue
to learn throughout my time in practice, but these are some of the best tips I’ve learnt to date:
Before the interview

 Plan your interview. Some knowledge of the background and issue will help, so ask your
client for a brief summary before the interview. You will both feel more at ease at the
interview if you have prepared.
 You and your firm should appear professional to your client. An unkempt appearance or
an untidy meeting room is not only distracting, but can also give your client the
impression that you aren’t very professional or organised. Be punctual if the meeting is
not at your office.

During the interview

 Your client might be anxious, particularly if they aren’t familiar with the legal system.
Introduce yourself with a smile so they feel welcome. Build rapport by engaging in small
talk.
 Once everyone is seated and settled, let your client know the structure of interview and
that you’ll be making notes so they know what to expect.
 Invite them to tell you their story or concerns, preferably in chronological order. Often
they just need a listening ear. Steer the interview by listening actively. Focus on specific
areas that are relevant. Your client doesn’t necessarily know what is relevant but you do!

 Avoid legal jargon, be respectful and maintain a balanced amount of eye contact. You
should appear calm and collected, even if you feel stressed or nervous (particularly if it’s
your first client interview).
 Sum up the interview and outline steps going forward. Depending on your technical skills
and experience you might be able to give a preliminary view. But if in doubt, explain to
your client that you to consider the matter carefully before you can form a view.
Whatever you do, do not give legal advice without proper consideration – this is
negligent!
 Discuss legal fees (if applicable) and leave time for questions.
 Finally, walk your client to the exit and thank them.

Remember not to take things personally. If you have a rude, pushy or condescending client it’s
important to stay calm and remain professional. Also consider reporting it to your supervisor.

After the interview

 Make a detailed file note while it is fresh in your mind.

 Diarise any follow ups and deadlines.
 Discuss any concerns with your colleagues/supervisor.
 Once approved by your supervisor, send your advice (and any costs disclosure
documents) to your client. Call them to let them know you’ve sent it.

INTERVIEW AIMS
 Try it yourself! Imagine a client is arriving at your office in ten minutes time. What should
your main objectives in interviewing them be?

A legal interview has three key aims:

 establishing an effective relationship with the client

 identifying the nature of the client's problem
 obtaining enough information from the client to reach a potential solution.

INTERVIEW APPROACH

An interview should have a logical sequence and structure without being too rigid. There should
be flexibility to allow the client to be treated as an individual with a unique set of issues, rather
than just a legal problem. Remember that an effective client interviewing technique will create a
positive atmosphere between you and the client.

Successful interviews require the right atmosphere and empathy.

Atmosphere

An interview is not the same as a conversation: it has a specific purpose. In an initial interview
this purpose is to identify the nature of the client's problems. A client will outline the nature of
his or her problem and the effective interviewer will probe for the salient information.
Remember, that ultimately it is the client who gives instructions! In a legal context, a lawyer
should be able to give options.

The need for empathy

Empathy is difficult to define but essentially involves the interviewer attempting to understand
the client's experience and the implications for them. Empathy is developed by effective
interviewing skills. Remember that you will interview people from across the social spectrum,
some of who may have acted in a way you morally disagree with. As a lawyer it is not for you to
judge the client. You must make your verbal and body language reflect this non-judgmental
stance.

Top tip: Empathy not sympathy — you do not need to feel sorry for the client, just
understand their situation and their needs.

INTERVIEW STAGES

Scroll down to learn about the three key stages in a legal interview. Or click on one of the stages
to go directly there: listening, questioning, advising.
Listening

It is impossible to give good advice without having first listened to your client. Listening is
actually quite difficult to do effectively as it involves deep mental analysis of what you have
heard. Effective listening therefore involves not only hearing what is being said, but noting the
way in which things are said, and the body language displayed while it is being said.

You should try to evaluate the behaviour of the client as they speak. Are they nervous,
apprehensive, fidgety or speaking too quickly? If so, try to calm them down. Are they reluctant
to open up and reveal information? If so, try to reassure them and encourage them to share their
thoughts. Are they spending too much time focusing on irrelevant points? If so, try to steer them
onto the important matters.

Your own behaviour is also important. Think about what you are doing when the client is
speaking. Are you showing interest, or looking bored? Make sure you avoid looking down or
away, glancing at your watch, or doodling on your pad.

Top tip: Silence can be an effective way of reflecting on what has been said.

Try it yourself!

 Get together with one other person. Allow them to talk about any subject they want for five
minutes. Listen attentively, without interruption.
 When they have finished, you then speak for five minutes about any subject. However, this
time, instruct your ‘listener’ to display inattentive behaviour while you speak. They could, for
example fidget, look out the window, or drum their fingers on the table.
 Discuss: How easy/difficult was it to talk? How did the body language demonstrated by the
‘listener’ affect this? How did people use body language to demonstrate their emotions? Did
either of you make any mental notes of non-verbal behaviour? Did you make those mental
notes only of the other person? Or of yourself too?

Try it yourself!

 Find at least one other person to join your group.

 Take it in turns to retell the information you had each been told in the first task to this
newcomer.
 Discuss: How easy/difficult was it to retell the information? How did the body language of the
listener in the first task affect this? Were you selective in what you retold? If so, why? If you had
to mark each other for accuracy of the retold story, how many marks out of 100 would you
award each other? Where were marks lost? What could you do to help retell the story more
accurately?

Top tip: The answer to the last discussion point above usually involves taking notes when
listening, or asking questions/seeking clarification from the speaker. These are both good ways
of helping you gain more from listening.
Questioning

Often clients will present information in a disorganised or incoherent manner. Questioning

allows you to probe a little more about the issues raised by the client.

Top tip: Different clients have different ways of presenting information. For example, a
business client might behave very differently to a ‘high street’ client.

Effective questioning obtains the information you need in order to provide the client with full
and informed advice, so that they can make the right decisions about the action they wish you to
initiate on their behalf.

Top tip: Paraphrasing or summarizing information is a useful way of highlighting areas

where further information or evidence is required.

Try it yourself!

Summarise, in no more than 50 words each, the following types of questions. Give an example
of each:

 open
 narrow
 leading
 mirror

Try it yourself!

 Get together with one other person. One of you takes Client Scenario A. The other takes Client
Scenario B.
 Take it in turns to act as the lawyer and the client in each scenario. It is up to the ‘client’ how
much of the scenario they reveal to the ‘lawyer’. Bear in mind that they are seeking legal advice,
but may also be sensitive about sharing confidential information pertaining to their life.
 The ‘lawyer’ may want to use some of the techniques already discussed (for example,
questioning or making notes) to help structure the interview.
 When you have run through both scenarios, discuss the techniques you both employed to make
the interview effective: What types of questions worked best in what situations? Did you note
non-verbal clues? How might you do things differently next time?

Advising

The overall purpose of a legal interview is to enable your client to reach a decision as to which
course of action they wish to pursue. By combining the results of listening and questioning, you
should be able to identify what the client's problem is and what potential solutions are available.
Remember, though, that your role is advisory, that is, to put those potential solutions before the
client, but leave it to them to ultimately decide which course of action they wish to pursue.

Top tip: Remember that legal action is not the only necessary course of action in every case.

Try it yourself!

List three different actions a client could potentially take which do not involve the law.

A client can only make the correct decision if the advice is clear, so make sure you:

 avoid jargon
 explain in layman's terms
 summarise all the options again if necessary.

Clients may worry about how much it will all cost, including your fees, so you should also
discuss these with them. The other major worry for clients is not knowing what is happening.
Never mislead a client into thinking that everything is alright when it is not. Although you do not
want to frighten an already distressed client, you must be honest in your appraisal of the
situation.

Try it yourself!

 Use the same scenarios and roles as above (Client Scenario A and Client Scenario B).
 Take turns to advise your client on the possible options available to them.
 When you have run through both scenarios, discuss the techniques you both employed. From
the client's point of view: Did you feel reassured after your interview with the lawyer? Were you
aware of questioning in a particular manner? Did the questioning affect the interview? What
were each person's objectives? Were those objectives ultimately met? What did you make of
the lawyer's advice? Was the advice legal or non-legal? Were you given choices?

OUTLINE INTERVIEW PLAN

1. Welcome the client. Greet, seat and introduce yourself. Make sure the client is comfortable.
2. Create an effective working environment. Make sure there will be minimal interruptions: switch
off telephones, and tell others not to disturb you during the interview.
3. Encourage the client to put forward his or her perceptions.
4. Listen, without interrupting, if at all possible.
5. Remember that listening also involves noting non-verbal communications.
6. Reflect on what you are being told, through paraphrasing and questioning.
7. Question more deeply to establish salient facts, clarify ambiguities and check relevance.
8. Summarise your findings.
9. Allow the client the chance to ask questions, clear doubts or express anxieties.
10. Outline the options, both legal and non-legal.
11. Assist the client in making an informed choice of action.
12. Take instructions.
 13. Explain any follow up to be undertaken by the lawyer, including costs involved.
14. Confirm that the client agrees to the course of action.
15. Check if there is any other business.
16. Provide an idea of timescales.
17. Conclude.
18. Say goodbye and show the client out.

TOP TIPS

Top 10 tips for legal interviewing success:

1. Legal interviewing is not just about obtaining information. It helps establish an effective
relationship with the client.
2. Plan your interview, but leave enough flexibility and time for the client to be treated as an
individual with a unique set of issues.
3. Show empathy, rather than sympathy, with the client's situation.
4. Pay attention to your behaviour when the client is speaking. Stay attentive and interested.
5. ‘Listen’ to the non-verbal signals the client sends out as well as the words they say.
6. Clarify what the client tells you by paraphrasing or questioning.
7. Use silence to help you reflect on what has been said.
8. If necessary, take notes to help you remember key information.
9. Offer potential solutions to the client, but let them decide which course of action to pursue.
10. Listen to the client's worries. Be clear about fees and timescales.

How to Conduct a Client Interview

by Amber Keefer

Conducting a successful client interview requires both tact and expertise. Whether you are an
attorney interviewing a potential client in need of legal help or a human services worker
interviewing clients and their family members to assess their needs, the purpose of a client
interview is to collect enough information to help solve the client’s problem. Your job during the
interview is to show the client that you care and have the ability to help him.
Review any information about the client that you may already have available. Learning more
about the client beforehand will help you develop an idea of what specifics you need to get when
you meet. You may be able to communicate better with the person as well. Have ready any
paperwork the client needs to complete.

Make the client feel comfortable. Building a rapport from the start can get you better results.
Begin by introducing yourself and shaking hands. Engage in a bit of small talk. Use this
opportunity to get to know your client and let her know that she can trust you.

Explain that whatever the two of you discuss will be strictly confidential. Do this first before you
start talking about the client’s situation. Show that you intend to work in the client's best interest
by treating him with respect.

Gather information about the client’s background and the problem at hand. This will give you an
idea about what kinds of questions you should ask later in the interview process.

Ask the client open-ended questions that provide basic information you will need to assist her.
Look at the problem from the client’s perspective and show her that you empathize with her
situation.

Allow the client the chance to explain the situation in his own way. Lean slightly forward, take
brief notes and nod your head when appropriate to show the client that you are listening.
Maintain eye contact to let him see that he has your attention and you are interested in what he is
saying.

Ask the client to clarify any statements she makes that are unclear. One way to show a client that
you understand what she is saying is to rephrase a statement and repeat it back. As you get to
know more about the client and her situation, follow up with additional questions that will
provide you with more details.

Watch the client’s body language. Pay particular attention to body posture and facial
expressions. Body language can be a clue that a client may not be telling you all that he is really
thinking. Look for signs that he may be more upset by a situation than he lets on.

For a first interview, I would suggest a structure along the following lines:

1. Introduce yourself and explain a little about what will happen during the interview: ‘I am
going to ask you a few questions about the situation to get some information about the
background. I may take some notes while you talk, please don’t worry.’ Explain the stages of the
interview. This puts the client at ease and helps you take control. You could even offer the client
a cup of tea or a drink.

2. Ask the general questions – name, address, contact details. You might have been given this
already, but you should check it is correct. There are two reasons for this – one for accuracy and
the other to check you are speaking to the right person. This also leads into the interview nicely
and gives you a chance to calm down before getting on to the meat of the interview.
3. Ask some easy, open questions about the situation. Explain what you know: ‘You explained
to my supervisor on the phone that x has happened. I would be grateful if you could just take me
through it again.’ Try to let the client talk, you can go back and ask questions when they have
finished. Keep asking open questions until it seems like they have finished. Take notes of
everything (not verbatim!).

4. Go back and clarify any details you need to with closed questions – have the legal aspects in
the back of your mind when you are thinking about this. Ask if the client has any paperwork he
could bring in, if applicable.

5. Ask the most important question – ‘Is there anything else that might be relevant you could tell
me?’ This question should allow him to tell you that bit of information he is keeping back if you
have missed it earlier.

6. Give your advice. Try to stick to only that which you can be certain of. You can always
clarify what you are saying in the following way: ‘I think x but I will clarify with my supervisor
and get back to you as soon as possible.’ If you have gone blank, just say ‘I will ask my
supervisor about that and get back to you.’

7. Confirm the next steps – both for you and the client. You will likely have to discuss with your
supervisor and confirm your advice in writing by the end of the week – either by letter or by
email. Your client might have paperwork to bring in (remember money laundering – passport
and proof of address) or a piece of information to confirm to you. If he doesn’t have anything to
do, tell him that you will get in touch with him and will let him know then the next steps.

8. Ask ‘Is there anything else I can help you with today?’ Hopefully nothing, but it’s one last
chance for him to tell you something he hasn’t already. If not, it’s a good way of ending the
interview.

This structure is easy to follow and should elicit all the information you need. Try not to script
yourself; it will be easy to spot if you are rehearsed and you will be lost if something unexpected
happens. However, it is worth a bit of advanced planning. You can take some paper in with you
to take notes with – if you write your key questions on here in advance, it will remind you but
also will allow you to take fewer notes, e.g. if you have written ‘date of birth’ already, you will
only need to write the actual date in the interview. Similarly, a good attendance note will have
the date, attendees, time, file number etc. You will know this in advance; why not get it down
before you go in.

How To Interview Clients

A paralegal's guide to taking initial calls from personal injury clients.

By Ellsworth T. “Derry” Rundlett III

July/August 2008 Table of Contents

Editor’s note: This article introduces a new, regular feature that will cover a variety of topics in
a how-to format. Each article will be written by an expert and walk you step-by-step through the
topic discussed.

Your first contact from the client likely will be by telephone. If you are fortunate enough to have
the client call soon after the incident, your firm will have the opportunity to orchestrate and
control the case from the very beginning. This aspect is crucial to any small personal injury case
because it gives your firm a tremendous advantage in maximizing the damages. As a paralegal,
you can help your legal team avoid common pitfalls that occur during a personal injury case,
many of which are caused by the client’s own conduct or failure to act.

When your firm receives the first telephone call, the object is to put the client at ease and elicit
confidence in the attorney and the firm. This easily can be done if you follow the simple format
outlined in this article. Assure the potential plaintiff that his or her call will be returned as soon
as possible, even if it’s after hours. Once the client is reached, the following information should
be elicited.

Questions to Ask a Potential Client

If your legal team asks a series of questions at the outset, the prospective client will know your
firm has a grasp of personal injury law and, more importantly, that the attorney is interested in
the case. The following is a list of potential questions your attorney might ask in the first
telephone conference. The questions don’t have to be answered in detail but after learning the
answers, your attorney will have some idea as to the basic value of the case and will have at least
an initial assessment of the potential client.

1. What was the date of incident? If the incident happened recently, your firm will be able to
control the case from this point forth. If the incident happened quite some time ago or if the
statute of limitations is approaching, be aware that the client might already have compromised
his own case.

2. How did the incident happen? This is extremely important in determining the liability
question. If the client fell down his own set of stairs or drove his automobile off the road into a
tree, your attorney might not want to waste more time discussing the case. If the client is vague
or evasive as to how the incident happened, you can be sure that the rest of the case might be
quite difficult.

3. Where did the incident occur? This question is important because it determines the
appropriate venue if the case proceeds to suit. If the incident happened in your county or locality,
then the convenience of trying the case will make a difference.

4. What injuries occurred? And how adept is the client in explaining the nature of these
injuries?
5. What are the present physical complaints? This element also goes to the potential damage
question. It would be premature to make a final assessment with this question, but if the injuries
took place and have resolved with little difficulty, the potential value of the case can be assessed
at this point.

6. Were there any witnesses? This element will help your attorney take control of an important
liability factor. If the incident is serious and there are witnesses to the incident, they should be
approached as soon as possible.

7. What medical facilities or physicians treated the client? If the potential client has not yet
seen a doctor or visited a medical facility, serious doubt will be shed on the damage issue unless
the accident just happened. The names of the facilities and physicians also will assist in the
initial determination of damages. Has the client seen an orthopedic surgeon or a chiropractor?
Did the client go to a walk-in medical clinic or a hospital? Were X-rays taken or did the doctor
make a diagnosis based upon just history and examination?

8. Does the client have insurance? If the client has no insurance, your attorney immediately
should realize the necessity of clear liability and a defendant with insurance or assets. If the
client has plenty of insurance, this also will determine, to some extent, the client’s character and
stature in the community.

9. Has the client had contact with any insurance companies? If the incident happened quite
some time ago and there has been no contact with the client’s own carrier, you should question
why. If the carriers have been contacted, then you don’t have the problem of notice.

10. Where is the item that caused the injuries? If an automobile, product or faulty stair has
caused the injuries, pictures should be taken as soon as possible before repair. If it’s a products
liability case, then the item should be preserved immediately.

11. Have any pictures been taken? If pictures have not been taken, instruct the client to do so
immediately. If they have been taken, they should be brought to the initial interview for
assessment. If it’s an automobile case, the extent of damage to the vehicle will give excellent
insight into the liability and damage criteria.

12. Has the client contacted any other attorneys? If the potential client is shopping around,
beware. Either the other firms are not interested or the potential client is looking for the answers
he or she wants to hear.

13. How did the client obtain your firm’s name? If the case has been referred by a respected
client, you will have some idea as to the confidence your potential client has in your firm. The
source of referral also will give you some insight into the sincerity of the potential client.

14. Has the client had contact with an insurance adjuster? If the client already has been
contacted by an insurance adjuster, a substantial amount of time and effort can be saved in
making the first contact to the insurance company. If the incident happened several weeks or
longer before the phone call, you might have difficulty in making first contact with the insurance
carrier.

What to Tell the Client

After you have received answers to some or all of the questions, your attorney will have a pretty
good idea as to whether or not the case is worth exploring. If your attorney believes it’s likely
your firm will accept the case, set up an appointment and instruct the client on what to do before
coming to the office. The following list includes instructions your attorney might ask you to give
to the client.

See a doctor. If the client has not yet seen a doctor or visited a medical facility, tell him or her to
do so immediately if he or she is in pain or having physical difficulties. It’s appropriate to
recommend the client to a specific facility, but I don’t recommend referring him or her to a
specific physician at this stage.

Don’t work with pain. Tell the client that if working causes difficulties, substantial discomfort
or pain, the client should inquire of his or her doctor about staying out of work temporarily. If the
client has been told by the doctor that the decision to work is up to the client, instruct the client
that he or she should not be working if his or her employment causes pain or substantial
discomfort.

Obtain pictures. Instruct the client to obtain pictures of the subject automobile, place of injury if
it’s a premises liability case or item that caused the injury if it’s a product liability case.

Obtain a damage appraisal. If the client’s automobile has been damaged, tell the client to have
the damage appraised as soon as possible after all the photos have been taken.

Obtain witness contact information. Tell the client to bring in the names, addresses and
telephone numbers of any witnesses to the incident. The importance of this information must be
emphasized to the client.

Don’t discuss the case with witnesses. With respect to witnesses, instruct the client not to
discuss the case other than to obtain names, addresses and telephone numbers.

Don’t discuss the case in detail. Instruct the client not to discuss the case in detail with anyone
and not to give statements to anyone from an insurance company.

Obtain insurance contact information. If the client has been contacted by an insurance
company, it’s imperative that he or she obtain the name of the adjuster and the telephone
number. Instruct the client to inform the adjuster he or she will be consulting with an attorney
and that the attorney will be in touch with the insurance adjuster.

Bring documentation. Instruct the client to bring in any documents relating to his or her case
such as medical bills, doctor’s instructions, prescriptions and accident reports filed with the
Secretary of State.
Obtain a police report. If the client is able, have him or her obtain the police report before
coming to the office.

Don’t delay the first meeting. Tell the client that the first appointment is extremely important
and that it should not be postponed unless the circumstances absolutely require it.

Ask questions. Tell the client that time is of the essence and if it’s necessary to answer any
questions in the meantime, your firm will be available.

Concern yourself with your recovery. Tell the client his or her primary duty at this time is to
be comfortable and to pursue recovery of his or her injuries — the legal details are for your firm
to worry about and his or her physical recovery is of the utmost importance.

Creating a Bond

Because you have invested time asking questions and the potential client has invested time
answering them, there already is a line of communication — a bond, if you will — between the
legal team and the client. This bond will lead the potential client into a sense of commitment and
he or she will be unlikely to call another firm.