Study Set Content:
What are the 4 primary objectives/aims of consultation?
- Establish a relationship with the client.
- Obtain the necessary facts
- Advise the client
- Obtain Instructions
A consultation aims to:
- Explore with the client the reasons for seeking legal advice and assistance
- Identify the legal problems that present themselves
- Provide an analysis of options and to counsel client in decision making process
- Allow client to make an informed decision at the appropriate stage
Proper preparation for consultation prevents what?
Poor Performance
What should you do when a client contacts you to make an appointment for an interview?
Try to get clients:
- Identity - name
- Title
- Occupation
- Age
- General nature of client's problem
What should you do before the initial consultation?
Look up on the relevant law.
What should clients be asked to bring with them to the initial consultation?
All relevant documentation such as ante-nuptial contracts, marriage certificates.
It would be even better if client can
Deliver or fax copies of all relevant documentation prior to the initial consultation
Why is it important to obtain as much information as possible prior to the initial consultation?
To be able to prepare properly.
Attorney must ensure that these relevant forms are available:
- CCMA forms in labour matters
- Statistical forms and forms required by the office of the family advocate in divorce cases where parties have minor children
When planning the initial consultation also consider:
- Tidying your office
- Personal attire
- Provision of refreshments
- Preventing disruptions (phone calls)
What are the advantages of proper preparation?
- Promotes confident practitioner, resulting in confident client
- Leads to a purposeful and complete interview
- Creates the impression of efficiency and sound organisation
- Ensure practitioner has relevant legal principles( good advice)
What are the 5 stages of consultation?
- Meet, greet and formalities
- Listening
- Questioning
- Advising
- Taking instruction
Stage 1: Meet and greet
- Meet client
- Establish a working relationship with client
- Put client at ease
- Be Punctual
- Introduce yourself with full name
- Clients should be adressed formally
- Preliminary matters (legal fees, legal privilege, coi)
Stage 2: Listening
Active listening techniques:
- Take notes
- Silence
- non-verbal communication
- Encouraging elaboration or response
- Show empathy
- Restating (playback)
- Parpahrase
- Dont interrupt
Active listening focus
- The head - listen for facts
- The heart - listenign for feelings
Stage 3: Questioning
- Theory of the case
- Question forms - closed questions, open questions,biased/loaded questions, persuasive questions, reflective questions, process controlling questions.
Closed Questions
- Yes/no questions
- Much info in short time
- For checklist
- T funnel technique
Open questions
- Cannot answer with yes/no
- More info of clients problem and expectations
- Allow client ot explain situation form their perspective
Biased/Loaded Questions
- Should be avoided
- Affects validity of response
Reflective questions
Correct me if im wrong...
Has interviewer accurately understood
Process controlling questions
Interviewer takes control of process..
Shall we move on to the next question
