Client Counseling Exercise

I am a married woman. I got married to a business man at Bangalore. I have a son. I recently
shifted to Delhi. I have come to you as I have a very urgent problem on hand.
I filled an application to join my son in a Public school at Delhi. I being the mother, signed
as the natural guardian for the purposes of admission. However my application was sent back
to me by the School asking me to get signature of the father and in the alternative the School
informed me that a certificate of guardianship from a Competent Authority in my favour,
ought to be forwarded to the School.
I immediately rushed to the School and met the Principal. Upon enquiry the Principal
informed me, that according to the admission application which was approved by the Delhi
Board of Education that only a natural guardian can sign the form. The father being the
natural guardian they would accept only fathers signature. The Principal further informed
me that I could sign only if I am a divorcee or a widow by producing the certificate to that
effect.
I argued with the Principal that I being a mother who gave the birth I am also a natural
guardian to my son. However, Principal refused my request by citing some section 6 of
Hindu Guardian Ship Act. I do not understand why I cannot be a natural guardian when I
gave birth to my son and how this law would apply to me. How can law decide that a mother
is not a natural guardian?
I would like to tell you something which is very confidential that I have no good relation with
my husband. There is a divorce case pending before the District Court and my husband is
asking for the custody of my son in the same proceeding.
If the School insists that the signature from my husband it would be impossible for me to get
it. Please help me. I have no idea what to do.
Additional Information
1.
2.
3.
4.
5.
6.

I am a Buddhist, I came to Goa three months ago

I got married on 23rd April 2001
My son was born on 6th January 2008. I am seeking admission in 3rd Standard.
School name is Marvel Public School It is located in Sector 15 Noida
I am working in a private company in Delhi
My husband had drinking habit and used to mentally and physically torture me,
therefore, I am staying away from him from last 3 years
7. My husband has shown total apathy towards the child
8. A matter of fact he is not interested in welfare and benefit of the child excepting
however claiming the right to be the natural guardian just to cause agony to me.
9. Divorce petition filed at Bangalore six months ago.

Evaluation Criteria
Did the Client make his needs, goals and expectation clearly known to the advocate?
Client Interviewing

Building Trust and Rapport with the Client

Communication /Skills of listening
Explain your retainer and fees
Gathering facts and ascertaining the clients problem and legal position.
Types of questions asked
Knowledge of nature of legal rules
Identifying and formulating legal issues
Did the advocate listen effectively in order to fully understand the clients needs?
The client counseling

Discussion of the clients needs; identification of the clients legal options including the pros
and cons
Identify and analyze the clients legal and non-legal options in light of the clients interests;
Explain possible legal and non-legal consequences
Did the advocate help the client to formulate an alternate plan?
Did the advocate empower the client to make informed decisions?
In case any decision is taken by advocate explain why he is doing so
The lawyers descriptions of the options and their costs and benefits may come with a
recommendation as to how to proceed.
Management of ethical and professional relation with the client dealing with emotional and
legal needs of the client.
The recommendation should be delivered in a manner which leaves the ultimate decision to
the client.