Monica Bogucki, BSW, JD 2018 Copyright by Monica Bogucki Interviewing Clients Monica Bogucki, BSW, JD 2018 Copyright by Monica Bogucki

Interviewing Skills Interviewing the Child Client: Approaches and Techniques for a Successful Interview https://www.youtube.com/watch?v=OYLWkVHvgOM ABA Section of Litigation Children’s Rights Litigation Committee 37 minutes video

Interviewing Tips Use open ended questions such as Tell me what happened on Friday night. What happened to you on ….. How did that happen….. Avoid the use of “why” questions Can be interpreted as judgmental

Interviewing Tips At the beginning of the interview, avoid the use of leading questions. Give your client time to tell his/her story Avoid the use of jargon Avoid the use of complex words and phrases Have supervisors observe your interviews and gather feedback Observe other interviews

Different Kinds of Interviews Intake Interview Advice only interviews Initial interviews Series of interviews throughout litigation

Motivational Statements Motivational statements provide encouragement to the client to provide information. “The more information that I have, the better we can problem solve about your options.”

Be an Extraordinary Listener Listen fully and completely to what your client is telling you. Quote from Ordinary Resurrections by Jonathan Kozol “ A nun I know who’s worked for years with families in poor neighborhoods speaks of certain mood of “unexamined receptivity,” which does not mean, she says, merely the willingness to listen carefully or patiently. “It has to do with the quieting your state of mind as you prepare to listen. It means not pressing on too fast to get to something that you thin you ‘need to get to’ as the “purpose” or objective of the conversation, which is what a journalist must usually do. There is a difference between ‘getting’ and ‘receiving.’”

Listening Exercise Small group exercise

Non-Verbal Communication Be aware of non-verbal communication If you are uncertain what the client is trying to tell you by non-verbal communication, ask an open ended question. “Tell me about how you are feeling right now.”

Methods of Getting the Information Chronological Most recent to the past The past to the most recent Broad to specific Household members Gathering information about what public benefit programs they are receiving

Methods of Getting the Information Start with more general information and work towards more specific information Categories Example: categories or examples of types of domestic violence Verbal abuse Physical abuse Threats of physical abuse

The Interview Tell your client how much time you have to talk. Tell your client what methods are available for communication. For example, by phone, e-mail, mail, or setting up another appointment. Let your client know to expect during your interview

The Interview Tell your client about yourself and your law firm Explain the attorney client confidentiality privilege. In Minnesota, attorneys are not mandated reporters (if you are practicing in another jurisdiction, please check the law in that jurisdiction.) Let your client know under what circumstances that you would disclose their information

The Interview Ascertain your client’s concerns and goals Identify any necessary written documents that you need from your client. Ex. letters, notices, legal documents If you need information from other sources, have your client sign a release of information so that you can obtain that information. For example, medical, mental health, school social workers….

Legal Counseling Let your client know that he/she is the decision maker. As an attorney, you will advise about legal options and the advantages and disadvantages but your client will make the decisions. As an attorney, you have a choice of whether you want to be that client’s attorney.

Retainer Agreement Even if you are not charging for your legal services, it is important to have your client understand and sign the retainer agreement.

Advantages of Getting all of the Information You will be in a better position to provide your client will the legal options and the advantages and disadvantages. Certain information may direct the case in different course of action. For example, rather than going to trial, your client may decide to reach a settlement.

Interviewing Clients with Special Needs Mental Health Needs Chemical Dependency Victims of domestic violence Non-English speakers Avoid using friends or family members as interpreters

Issue Spotting Does your client have basic living needs issues? Housing Utilities Food Clothing Health insurance

Issue spotting Does your client have safety issues? Is your client a victim of domestic violence? Is the abuse still continuing? What kind of multi-disciplinary support is available?

Issue spotting Does your client have all of their necessary documents? Social security cards Birth certificates Driver’s license or state identification card Immigration paperwork Other

Issue spotting Does your client have consumer issues? Does your client have transportation issues? Does your client have children with special needs? What resources are available to assist with these issue

Issue spotting Is your client involved in other legal issues? Does your client need assistance in filling out tax returns?

Client Expectations What was the client’s expectations and understanding of what was happening? What will the attorney do for the client What does the client need to do for the attorney How can the attorney contact the client How can the client contact the attorney

Trauma informed care Interviewing tips Speak with a soft voice Do not get angry Use simple words and avoid legal jargon Use shorter sentences and take time to make sure the client understands what you are trying to say Recognize when it is necessary to collaborate with other professionals