Counseling. Elements of Effective Legal Counseling Give client’s emotional & social support for the decisions they make. Provide clients pertinent information.

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Presentation transcript:

Counseling

Elements of Effective Legal Counseling Give client’s emotional & social support for the decisions they make. Provide clients pertinent information about the alternatives. Clarify the client’s objectives. Encourage clients to develop a way to organize information about the available choices.

Preparation for Counseling Assess Probable Legal Consequences Consider what non-legal will be Anticipate Questions

Preparatory Explanation What has happened so far What is likely to happen next Alert client that he will be making decision about future course of action

Identifying Alternatives Has client thought of alternatives? What can lawyer add? Order of consideration CAUTION: Premature Selection

Structuring the Discussion The lawyer & client agree on the options for discussion They agree on the criteria to be used to evaluate Apply the criteria in a systematic and rigorous fashion

Analyze Consequences Thorough Conducted so client realizes he will need to make decisions Legal consequences Non-legal consequences

Special Considerations Lawyer’s Demeanor Problem of Uncertainty Neutral Lawyer Language: Legal jargon The Role of Morality

Weighing Alternatives Making a decision The “tough cases”: Tell me what to do; what would you do? The “wrong” decision

Reflections What decision did Chris make? Was the decision that was made consistent with the one you thought was best before the session began? Clients -If not, what happened in the session to change your mind? Lawyers- If not, do you believe the client made the best decision? If so, what changed your mind? What did you find difficult about this session?