An Introduction to Client Counseling for Law Students

Sharifah Zubaidah Syed Abdul Kader (shzubaidah@yahoo.com) Ahmad Ibrahim Kulliyyah of Laws International Islamic University Malaysia October 2011

Consider the Following Scenario:

Puan Asmah, a 35 year old executive working at

Petronas, went to a beauty salon in a shopping complex for a facial. The beautician explained to her the types of facials on offer for that month and Puan Asmah chose the whitening facial. During the facial, Puan Asmah felt some tingling effect on her cheeks and then a severe burning sensation. The beautician explained that this was normal especially for those with sensitive skin like Puan Asmah. After the facial, Puan Asmahs face was very red and painful.

Puan Asmah
Three days later, there

was no improvement to her face and it became very itchy and scaly instead. In fact, dark patches developed on her forehead, nose and around the mouth. Puan Asmah went to a dermatologist who then advised her that the facial skin had been damaged by severe allergy to the product used at the beauty

 Puan Asmah feels extremely ashamed to go out and

took 2 weeks leave from work as she could not face her colleagues. Furious and distressed, Puan Asmah went back to the beauty saloon and demanded an explanation. The beautician was surprised to see Puan Asmahs condition and said that the salon does not guarantee the effectiveness of its treatments in the face of individual allergic symptoms of the customers. Puan Asmah is now distinctly feeling that her husband cannot even bare to look at her when they are together. A distraught and angry Puan Asmah now comes to your office for advise on whether she can sue the beauty saloon for compensation. How would you counsel and advise Puan Asmah?

Meaning of Client Counseling

Client Counseling
A method of

conducting a client interview that emphasizes a clientcentered approach with the aim of empowering the client to understand his problems and make an informed decision on follow-up actions to solve such problems, preferably towards avoiding litigation.

Why Client Counseling?

To change the

traditional image of lawyers as being superior to their clients in dealing and making decisions in respect of the clients problem.

Why adopt a client centered approach?

1)

It is the client who OWNS the problem, not the lawyer.

2)

Clients are generally in a better position than lawyers to identify and assess the importance of solutions and nonlegal

Why the client-centered approach?

3)

Clients are normally in a better position than lawyers to determine what risks are worth taking.

4)

Clients are capable of and interested in participating in the counseling process and making important decisions.

 5)

Active lawyerclient collaboration promotes affective implementation of decisions.

Client Counseling Requires SKILLS

Communication

Listening

Analytical

Empathy

Counseling

The ART of Client Counseling

To be good at an art, you need to do it often. It is

the experience that enriches you. Practice makes perfect. Best way to train for client counseling is to do simulations of sessions with a client. Trainer to prepare a client scenario for the students to simulate the role of lawyers attending to such client. Need a constant supply of friends who can act as clients.

STAGES OF A CLIENT COUNSELING SESSION

WELCOMING THE CLIENT

Purposes:
1) Making the client feel welcome and

comfortable. 2) Ice-breaking and rapport building.

Lawyers should walk to the door and welcome

the client. Shake your clients hand and walk him to his chair. Make appropriate small talk. Offer a drink.

Beginning the Session

Lawyers to introduce themselves.
Briefing on essential matters: i)

Confidentiality ii) How the consultation session will proceed. iii) That you may be writing notes at some point of the interview. Good to ask also what are the clients expectations about the session and generally what specific questions they would like answered in the end.

Establishing Your Clients Background

Ask some preliminary questions to help you

understand your clients background. Some useful questions: i) Are you working? As what? Where? ii) Do you receive a fixed salary? ii) Are you married? Children?

Then you can brief the client about fees for the session. In the competition, the first 30 minutes are free, after that if the client chooses to retain you as his lawyer, you will charge $100 per hour.

Information Gathering: Getting Your Client to Talk about the Problem

This may be the longest part of the session.

How the session goes after this will very much

depend on how comfortable the client feels to share his problem with you. Clients usually will try to tell you the problem as if he is the right party and the adverse party is at fault. Remember that this may not always be the case. The effectiveness of this stage also depends on your listening and questioning skills.

AIMS OF THIS SESSION:

1)

To let your client open up and do most of the talking. 2) To cultivate trust and confidence in you so that the client participates fully in the session. 3) To roughly formulate a general idea of the relevant parties, facts and chronological order of events in your clients case. 4) To identify gaps in your clients story for follow-up questions and actions.

The Dos and the Donts during this stage

DO: - ask open-ended -remember and use your

questions; (e.g. hmm, and then what happened?) - listen actively; (e.g. hmm.., I see.., really?) - encourage the client to tell you everything; - assure the client that you need to know everything in order to be able to help him.

clients name throughout the session; - recognise, understand and respond to your clients feelings; (e.g. use empathetic replies) - use the 7 second rule. (giving space to the client to think and respond) - answer your clients questions/ queries appropriately. Begin recognising legal and non-legal issues and note them down.

DO NOT!
- interrupt your client - stereo-type your

while he is speaking. - distract your client with inappropriate body language or gestures. - make judgmental remarks; - dismiss your clients query or question on a matter;

client; - belittle your client in any way; - be distracted with the next question you want to ask the client until you do not pay attention to what he is saying now; Make false or immature assurances to your client about the legal problem;

Developing the Problem

At this stage, you are trying to formulate a more

complete picture of what happened. Revisit certain facts that need clarification and ask more focused questions. It is important to ask the names of all persons mentioned in your clients story. Also ask whether such persons can verify the claims made by your client and is willing to testify should the need arise. If a document is mentioned, be sure to ask whether your client has brought the document. If mot, when you can have it soonest.

Recapping the Story

Very important to recap the story from what you

have gathered. You can begin by saying: It looks to us like this is what happened in your case, correct us if we are wrongthen begin recapping. This stage will allow your client to correct any incorrect information or perceptions you have made in the case. Result? You will have a better and accurate idea of the facts and relevant information.

Explaining the Law

After you are sufficiently sure of the facts of your

clients case, you can begin identifying the law and how it fits into your clients facts. Try to avoid the use of legal jargon e.g. prima-facie, inter-alia, ratio, obiter, etc. There is no need to read legal provisions, just summaise the effect in your own words. Avoid sugar-coating your advise e.g. do not assure your client that he has a sure win case. Point out other information required before a more concrete and substantial road-map can be drawn to deal with the problem. Explain the cause of action, if any.

Explaining Your Clients Options

Options in a civil case will usually be: i)

To meet the adverse party and seek to negotiate a settlement. (you must by now have a general idea as to how your client would like to see this end.) ii) To seek mediation of the dispute. iii) To go to an appropriate tribunal to settle the matter. iv) Go to trial.
Please remember to tell your client that the

decision is theirs.

Ending the Session

This stage is to tie up loose ends and conclude

the session. Be sure that your client understands all his options. Inform the client what you will be doing for them next if they decide to retain you. Also if he has any other questions needing clarification. The purpose: That the client walks out of your office feeling satisfied with the outcome of the session. Conclude on a positive note.

Post Interview Reflection

After the client leaves your office, go back to your

desk and chat with your partner. Have a de-briefing session about how you thought the session went. Share your observations relating to the client and his problem. Agree on follow-up action and divide tasks for the next meeting.