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Client Counselling and Interviewing Format: Procedure and Questions for Advocates, Essays (university) of Law of Torts

A format for client counselling and interviewing sessions for advocates. It includes an introduction explaining confidentiality, privilege, and conflict of interest. The document also provides a procedure for interviewing clients, summarizing cases, and providing solutions through mediation or negotiation. Fees are discussed at the end.

What you will learn

  • What is the role of confidentiality and client counsel privilege in the client counselling session?
  • What are the basic procedures explained in the client counselling session?
  • What alternatives does the advocate suggest for resolving a client's issue?

Typology: Essays (university)

2020/2021

Uploaded on 03/16/2021

HrishikeshJaiswal
HrishikeshJaiswal 🇨🇲

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CLIENT COUNSELLING AND INTERVIEWING FORMAT
This format is for the team of counsels, preferably two.
THIS IS FOR COUNSEL ONE
THIS IS FOR COUNSEL TWO
INTRODUCTION PART
Hi I hope the internet connection is fine and you can see and hear us, if there is any
internet issue we will surely help you out
Hi Good afternoon, I am xyz Yadav I am a practicing advocate and this is my colleague
Mr abc Sharma
We are junior partners as xyz abc associates,
Hi I am abc sharma
Is this the first time you are visiting an advocate or a lawyer’s office?
Irrespective of if he says Yes or No still explain him the procedure that you will follow
I will explain you the procedure that is followed in our office when a client visits for the
first time.
1. First of all we will explain you the basic procedures about a client counselling
session (Confidentiality+Coflict of Interest+Client Counsel Privilege)
2. So today we will first of all try to know about your problem, this will take place
by asking you questions.
3. Secondly, one of us would summarize it for our benefit.
4. And lastly we would advise you solutions and courses of actions.
I.Now I will explain you about confidentiality, So whatever we say in this session will be
100 percent confidential i.e. we cannot tell this to any person and all the talks that happen
within this room cannot go out of our firm.
II.Secondly, the talks between the client and an advocate is privileged, that is nobody can
ask us to depose this in a court of law and all the notes and documents made during this
session will remain with us only. (For example if you tell me that you have committed a
murder, even the we cannot become a witness in your case)
III.Thirdly, We do not have any conflict of interest with the opposite party, i.e. we have not
represented the opposite party in any manner anywhere.
INTERVIEWING THE CLIENT
Now please tell me what brings you here? (start asking open ended question- open ended
means those questions which cannot have a short answer or cannot be answered in a yes/
no)
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CLIENT COUNSELLING AND INTERVIEWING FORMAT

This format is for the team of counsels, preferably two. THIS IS FOR COUNSEL ONE THIS IS FOR COUNSEL TWO INTRODUCTION PART  Hi I hope the internet connection is fine and you can see and hear us, if there is any internet issue we will surely help you out  Hi Good afternoon, I am xyz Yadav I am a practicing advocate and this is my colleague Mr abc Sharma  We are junior partners as xyz abc associates,  Hi I am abc sharma  Is this the first time you are visiting an advocate or a lawyer’s office? Irrespective of if he says Yes or No still explain him the procedure that you will follow I will explain you the procedure that is followed in our office when a client visits for the first time.

1. First of all we will explain you the basic procedures about a client counselling session (Confidentiality+Coflict of Interest+Client Counsel Privilege) 2. So today we will first of all try to know about your problem, this will take place by asking you questions. 3. Secondly, one of us would summarize it for our benefit. 4. And lastly we would advise you solutions and courses of actions. I. Now I will explain you about confidentiality, So whatever we say in this session will be 100 percent confidential i.e. we cannot tell this to any person and all the talks that happen within this room cannot go out of our firm. II. Secondly, the talks between the client and an advocate is privileged, that is nobody can ask us to depose this in a court of law and all the notes and documents made during this session will remain with us only. (For example if you tell me that you have committed a murder, even the we cannot become a witness in your case) III. Thirdly, We do not have any conflict of interest with the opposite party, i.e. we have not represented the opposite party in any manner anywhere.

INTERVIEWING THE CLIENT

 Now please tell me what brings you here? (start asking open ended question- open ended means those questions which cannot have a short answer or cannot be answered in a yes/ no)

CLIENT COUNSELLING AND INTERVIEWING FORMAT

 Start building your case and please write down the important things that the client says, as you will have to summarize it later.  And both the advocates should ask similar number of questions i.e. one should not over shadow the other  After 15 minutes, please summarize the case in short

CLIENT COUNSELLING (PROVIDING SOLUTIONS)  Now try giving them remedies  Explain them about the various alternatives they have it can be mediation/negotiation or litigation. In criminal matters you must avoid advising for a mediation.  In commercial matters you can ask them to go for negotiation, (it is a process in which the clients and their advocates, sit in a closed room and discuss their problems rather than going to a court.  When explaining mediation, please tell them about its procedure i.e. both the parties sit with their advocates and there is an impartial person assisting in settling the dispute called the mediator.  Then explain the benefits of mediation i.e. it is cheap, private and takes lesser time to reach a solution.  After solution tell about the fees You can say that for each session we charge, about 2000 rupees And if the person is poor, tell them that we have a legal aid clinic at our office and after necessary procedures, the person can avail free legal aid.

CLOSING REMARKS

 Lastly thank the party for coming to meet you, if you couldn’t give a proper advice, please tell him that in the next sitting you can discuss the issue again. both the advocates should thank