Figure 11.1 Interviewing strategy

Issue: Analyse the problem, and Rule: Identify relevant law

1. Prepare for the interview

• Scrutinise any documents
• Analyse the problem: parties, task, facts, objectives, and legal issues
• Identify and research relevant law (using Figure 8.1 strategy)
• Conduct: Make sure you are instructed to start work, consider whether you will be paid, whether your client's case is funded - Codes, conflict, confidentiality, best interests, money laundering (see 6.4.3)

2. Begin the interview

• Meet, greet, seat
• Establish rapport; put client at ease; consider verbal/non-verbal communication (see 10.1.1)
• Check client’s details

3. Impart essential information

• Check reason for interview (closed question)
• Explain:
• Cost of interview
• What client can expect

4. Listen to the client

• Ask open questions
• Do not interrupt or advise prematurely
• Resist taking notes

5. Ask the client questions

• Use a funnel down technique (open, then closed)
• Begin taking notes using Figure 11.2

6. Discuss the client’s concerns and best/worst outcomes

• Ask two direct questions

7. Summarise what the client has told you

• Ask if there is anything else they wish to tell you
• Let the client know you are going to take a few minutes to review the issues and consider your advice

Application: Apply law

8. Advise the client on the law

• Apply relevant law to the relevant facts and issues in a structured manner
• Apply general rule before considering exceptions, defences or limitations
• State the specific effect of the law based on the facts
• Identify any questions arising from law or facts

Conclusion: Advise

9. Discuss the client’s options:

• Identify and explain options:
  • Legal remedy, solution, or procedure
  • Negotiate
  • Do nothing
• Evaluate options (advantages and disadvantages)
• Advise on most appropriate option (may require persuasive oral communication)
• Ask any questions required to progress the matter

10. Communicate essential information:

• Other advice/cross-selling opportunities
• What you will do now
• What the client should do now
• Conduct: future costs and time frame; alternative contacts and complaints
• Next communication (when, where, how)

11. End the interview

• On time
• Leave a good impression