The Client Interviewing Competition 2011

1. The Client Interviewing Competition 2011 Graham Robson robsong@westminster.ac.uk

2. What is this about? “Solicitors were felt to have their own language, creating a gap between themselves and the client. Solicitors tended to cultivate rather than bridge this gap, creating a mystique –setting themselves up on a pillar as if unapproachable.” Research carried out for Dialog, 1993

3. Ethos • “Studying law through exposure to real (or realistic) casework with built-in reflection on that experience” • The competition works with actors

4. Specific advantages of the competition approach • The exercise provides a structured learning opportunity which includes preparation, exercise of legal and communication skills, and reflection • The learning experience can be carefully managed by constructing scenarios that include legal, non-legal and ethical issues • Actor clients can behave in specific ways to stretch students’ communication skills

5. Info about the competition • www.clientinterviewing.com

6. Programme • 9 Nov: Structure, Introduction, mini-lecture, I Didn’t Understand video • 16 Nov: The nuts and bolts of interviewing • 23 Nov: Practical session • 30 Nov: The competition criteria and rules, analysing a competition scenario • w/c6 Dec: Law School Competition

7. What does the client want out of the interview? The client wants to know that – • the interviewer has understood the problem • the interviewer is a competent lawyer • the interviewer is efficient • How does the client know??

8. What does the solicitor want out of the interview? To get a clear understanding of the problem in terms of • the facts • the client's feelings about the problem

9. Professional Rules • Initial Interviews practice note (Law Society 2008) • SRA’s Code of Conduct • Rule 2.02 (client care) • Rule 2.03 (costs) • New guidance

10. Initial info to be given: This must be explained to client in the interview and confirmed in writing: • name & status of solicitor/ interviewer • information on the costs for the interview • details of who to contact if they have a complaint

11. CLIENT CARE: Rule 2.02 You must: • identify clearly the client’s objectives in relation to the work to be done for the client; • give the client a clear explanation of the issues involved and the options available to the client; • agree with the client the next steps to be taken; and • keep the client informed of progress, unless otherwise agreed.

12. COSTS: Rule 2.03 • Client must be given relevant costs information -clearly expressed. • Information about costs must be worded in a way that is appropriate for the client. • All costs information must be given in writing and regularly updated.

13. Different kinds of interviews and clients: different approaches? • The initial interview • The private client • The business client

14. Facilitators and inhibitors to an interview • What makes for a good interview? • What detracts from a good interview?

15. Skills: body language • Your client's body language • Your body language

16. Basic structure of an interview • GREETING • THE CLIENT'S STORY • THE LAWYER PROBES THE STORY • THE LAWYER ADVISES • CLOSING

17. DYNAMIC: listening • THE CLIENT'S STORY • CLIENT  LAWYER • Professionals can only foster trust by listening to their client’s story, a particular combination of actions, emotions, facial expressions, inflections and sensations.

18. DYNAMIC: questioning • THE LAWYER PROBES THE STORY • CLIENT  LAWYER

19. DYNAMIC: advising • THE LAWYER ADVISES • CLIENT  LAWYER

20. Interview models • THE SHERR MODEL • THE WESTMINSTER INTERVIEW SANDWICH • THE BINDER & PRICE MODEL

21. The Sherr Model • OPENING • THE CLIENT'S STORY • THE LAWYER PROBES THE STORY • THE LAWYER ADVISES • WHAT HAPPENS NEXT • CLOSING

22. The Westminster Interview Sandwich • OPENING • THE CLIENT'S STORY • THE LAWYER PROBES THE STORY • THE LAWYER ADVISES • CLOSING + NOTES

23. The Binder & Price Model • Preliminary Problem Identification: client provides general description of problem. • Chronological Overview: client is led through step-by-step chronological account or story. • Theory Development and Verification: lawyer asks detailed questions. • Advising: legal and non-legal options discussed • Adjourning: what happens next?

24. Real Interviewing Skills • Real interviewing is about more than adopting a pre-set formula • Checklists are OK but interviewing a client isn’t just about ticking boxes • Learn by doing: you have to practice interviewing skills

25. What’s next? Next week… • A DETAILED LOOK AT WHAT HAPPENS IN AN INTERVIEW… • PRACTICALS • COMPETITION INFO AND TIPS • THE COMPETITION