1 The Client Interviewing Competition 2011 Graham Robson

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 

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/c 6 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… 1. A DETAILED LOOK AT WHAT HAPPENS IN AN INTERVIEW… 2. PRACTICALS 3. COMPETITION INFO AND TIPS 4. THE COMPETITION