Lawyer Goals During Initial Interviews Rapport w/ client Rapport w/ client Fact gathering Fact gathering –Witnesses –Documents –Chronologies Begin, at least, to identify legal (and hopefully any other) problems Begin, at least, to identify legal (and hopefully any other) problems Determine level of trust/personality of client Determine level of trust/personality of client Contractual understandings/get the client Contractual understandings/get the client

Preliminary Items to be Covered in Client Interview Ice breakers (Lawyer normal person; coffee; family; sports; parking; stories/humor or news of the day (careful) – client comfortable (rapport) Ice breakers (Lawyer normal person; coffee; family; sports; parking; stories/humor or news of the day (careful) – client comfortable (rapport) Free Consultation Free Consultation Notes Notes Attorney-Client Privilege Attorney-Client Privilege Duty of Confidentiality – doors are closed; no phones Duty of Confidentiality – doors are closed; no phones Process for today/likely outcome (taking into account sophistication of client) Process for today/likely outcome (taking into account sophistication of client)

Other, More Substantive Items to be Covered During Initial Client Interviews What exactly are client’s concerns – all of them. “Ok if we add later, but want to know now everything you can think of so I can best advise you.” Willingness to help. What exactly are client’s concerns – all of them. “Ok if we add later, but want to know now everything you can think of so I can best advise you.” Willingness to help. Whether you/firm have done this kind of work before. Whether you/firm have done this kind of work before. [Options/likelihood of prevailing/analogies – counseling] [Options/likelihood of prevailing/analogies – counseling] Documents Documents Witnesses Witnesses Some discussion of fee arrangement Some discussion of fee arrangement Lawyer available; good at getting back to client, etc. Lawyer available; good at getting back to client, etc. Wrap-Up. Who gets back to whom with what and where stand Wrap-Up. Who gets back to whom with what and where stand

Three Stages of Fact Gathering during Preliminary Interview - Preliminary Problem Identification - Chronology - Theory Development/Verification

Preliminary Problem Identification - Client does almost all the talking; very little interrupting - Begins like, “How can I help you?” or “Why don’t you give me a brief description of your problem?” or “What brings you here today?” – that kind of broad opening - Little, if any, note taking. Focus on client. - Summarize the client’s problem - Make sure you ask if any other concerns and, if so, summarize again

Chronology - “Start at the beginning” - Lots of “And what happened next” - Avoid being too specific, “And then what happened” vs. “And then what did you do” - Try to get each meeting, letter, tel. call, etc. in order - Interruptions for clarification and elaboration (but careful – often leads to missing gaps) - More note taking here - Watch for “Clumping” - Typically “why” questions only if want to help build rapport

Theory Development/Verification - Preliminary (and broad) identification of crime, claims and defenses - Questions to fill in factual gaps between chronology facts and elements of claim, crime or defense

Documents Can ask in general whether client has brought any documents with him/her, usually after preliminary identification stage Can ask as client goes through chronology – temptation to read Can ask after chronology if any documents, and need to study before getting to theory development stage