POINTS TO CONSIDER IN CONDUCTING LEGAL INTERVIEWS***
1. The parameters of the interview
- Lawyer (L) and client (C) must understand the boundaries and limitations of the interview
(Extent/scope/coverage of the interview – what will be asked)
- Lawyers:
a. Bear in mind that questions must elicit info that is useful, relevant, material and accurate
(URMA)
b. Cannot ask irrelevant info
c. Observe confidentiality and professionalism (L must tell C that all info treated with
confidentiality – so that C assured that info will not be divulged and so C will be more prone
to give out info)
d. Allow client some time to give compose himself/herself to give out information – do not
threaten/hurry up client to give out info
- Client:
a. Must be informed that all info gathered in the interview is treated with confidentiality
2. Interview process
- Client must be aware of length, duration and coverage (what are the matters to be asked) of
interview
- Prepare before interview so as to maximize time (e.g. interview guides, questionnaires, place of
interview)
- Intake sheet: Name, age, address. civil status, legal problem, documents
3. Use of recording and documentation tools
- For purposes of recalling information elicited during the interview
- If lawyer is intends to use recording device, must inform client
4. Language or dialect to be used
- Know what dialect the client is comfortable with and which he can express himself freely
- Do not use legalistic terms (Reason: Client is not a lawyer or does not have a background in law)
5. Documents/objects that are needed during the interview
- Inform client ahead what docs/objects he/she must bring during the interview
INTERVIEWING IN THE LEGAL SETTING
PURPOSES OF DEVELOPING INTERVIEWING SKILLS
1. Gather the pertinent data more efficiently
2. Increase client satisfaction
CENTRAL GOAL
- To generate a flow of accurate information and reach a mutually agreed-upon decision
FIVE CONCEPTS TO ATTAIN CENTRAL GOAL
1. Interviewer must communicate questions accurately and precisely
- The narrower the scope of the question, the better
- Instead of asking “what else occurred”, ask "what was the very next thing that happened."”
2. Interviewer should maximize the client's ability and willingness to answer
- Develop a relationship of trust and understanding
- Lawyer-client relationship is highly fiduciary
- How to attain this? All information that will be disclosed by the client will be treated with
utmost confidentiality
- While the attorney and client need not necessarily like each other, they should develop mutual
confidence and respect.
3. Interviewer must listen actively to determine the significance of statements
- Constant analysis of the conversation's contents to decide whether the information is important
and accurate
- Listening and considering what was said and what was left unsaid, silences, and body language
- Even if the information is not accurate, it may be a significant indication of the client's
psychological position
- The interviewer should avoid thinking of "similar" situations in the past or anticipating the story
to prevent the flow of information from being altered by the interviewer's preconceptions.
- “Be in the moment”.Do not be distracted.
4. Interviewer should also probe to increase the validity, clarity and completeness of the responses
- The client's statements should not merely be accepted.
- It is possible is merely speculating
5. Decisions must be made regarding the nature of the client's "problem" and any actions to be
taken
- Decision on the part of lawyer (advice)
- Decision on the part of client (choice among the options given by counselor)
WHAT DOES LAWYER NEED TO KNOW
- Psychological factors which impede an accurate flow of information
- Note cautiously certain behavioral clues which indicate the underlying psychological factors.
- Purpose: Improved communication
EFFECT OF PSYCHOLOGOCIAL INTEREFERENCE WITH COMMUNICATION PROCESS
- Responses will not be natural and appropriate if the participant's psychological operations
interfere with the communication process.
- Consequently, facts gathered may not be accurate
INDICATORS OF PSYCHOLOGICAL INTERFERENCE WITH THE COMMUNICATIONS PROCESS
1. Negative statements at the start and the end
- The client's first words are important indicators of attitude (pessimistic/optimistic)
- These remarks indicate both attitude and the client's understanding or lack of it.
2. Association of seemingly unrelated ideas.
- Transference occurs when feelings and attitudes about one person are unconsciously associated
with another person. For example, a mother may feel that her child is like the mother's older
brother who hated her and thus believe that the child hates her
- Projection is the distortion of reality by perceiving one's own emotions or feeling as coming
from another person. For example, a mother may not be able to admit to herself that she hates
her child. She may then project that feeling on the child and believe that the child hates her
instead. Some authorities treat projection as the defense resulting from transference feelings
3. Conversation shifts
- Shifts may indicate that the person is uncomfortable because s/he was revealing too much or
because the subject was too mentally painful.
- To avoid revealing something
- Such a change in topics may also occur, however, because the topics have an unconscious
relationship to something else (association of unrelated ideas)
4. Repeated references
- The client often returns to a certain subject or general theme to explain his/her problems in life
- Client never takes responsibility for his/her own acts but consistently places blame elsewhere
- The lawyer must make the client understand that the responsibility is shared, and that certain
things must be done and decided by the client rather than the attorney.
5. Ability to remember only general feelings and not actions
- The client may have been psychotically out of control, or the client may be consciously or
unconsciously blocking any recall.
6. Inability to separate behavior from self
- People who do not feel that they are basically good, important, and worthy are overly
dependent on the other's reactions to their behavior
- This may cause interference with the attorney/client relationship in that such clients may then
see the lawyer as just another person who believes that the client is evil and who therefore is
not on the client's side.
7. Excessive protest or explanation.
- The conduct may be a quick covering move to camouflage a small, inadvertent release of
information with which the client is uncomfortable.
- It can also be part of a deliberate attempt to deceive the interviewer.
8. Gaps and inconsistencies.
- The client's story has missing pieces and internal contradictions which s/he does not explain
- May be caused by a fear of being criticized openly or silently by the interviewer, a fear of
disclosure to others, a belief that the lawyer will only work well for innocent clients or deep
psychological difficulties
- On the other hand, if the client's account is absolutely consistent, without pauses or variations
as the client tries to remember and communicate, the story may be distorted or rehearsed
rather than an open attempt to communicate
9. Feelings regarding a psychologically related item.
10. Body language.
- Non-verbal communications can contain silent messages which more accurately reflect the
client's beliefs than mere words
- Body language indicates like/dislike, relaxed/anxious, and dominance/submissiveness.
- However, reliance on body language should be tempered by two factors:
a. Personality may alter behavior
b. Physical difficulties may cause certain behavior often associated with a body language
message
