The purpose of client interview is as follows:

  • To establish a relationship with the client (attorney/client).

  • To elicit information from the client

  • To know what the client wants to do

  • To help the lawyers analyze the facts and legal problems presented by the clients

  • To reduce the anxiety of the client over his matter

  • To know the available alternative dispute resolution mechanisms to resort to.

The initial interview with a client is important. It goes a long way in determining whether the client would stay for good. Useful information must be obtained from the client for the purpose of giving useful advice to the client. This is so as defective information would produce a defective advice. Writers over the years have preferred different method of client interview.

Avrom Sherr three stages:

  • Listening involving three tasks
  • Questioning involving three tasks
  • Advising involving seven tasks

Chay and Smith’s seven stage model:

  • Preparation
  • Commencement of the interview
  • Appreciation of the client’s problem from the facts
  • Identification and evaluation of available remedies
  • Taking instructions from the client
  • Closing the interview
  • Reflecting on the conduct of the interview

Doherty suggested 13 stages. In looking at all the models, the following six stages would be adopted:

  • preparation,
  • welcoming,
  • questioning,
  • listening,
  • advising, and
  • closing

Preparation: the following issues are involved during the preparation stage:

  • Making an appointment: It enables adequate time for preparation.
  • Research work: Once an appointment is made, an agenda of the interview is known, and then research work can be done
  • Venue: The venue for the interview should be made known. The general rule in accordance with Rule 22 of the Rules of Professional Conduct, every interview is to be conducted in office of a legal practitioner subject to exceptional circumstances. These special circumstances include the following:
    (a) An aged man on his sick bed wanting to make a will
    (b)An accused person who is in the police custody or prison custody
    (c)Instruction taken in the court (where an accused is charged before the court)
    (d)Due to information technology development, client interview via internet, telecommunication
    (e) Interview with the Governor or President: Special circumstances is not defined, thus depend on the circumstances of each case. However, this is not an avenue for lawyers to go to their client’s office and residence at will.

  • Sitting arrangement: Whether the interview would be in the lawyer’s office or conference room. In sitting arrangement, there is the intimate zone, personal zone, social zone, public zone. Client interview should be between the personal and social zones. The number of legal practitioner to be present depends on the circumstances of the case. The client should be asked whether he or she would mind the presence of another legal practitioner.

  • Writing materials: It is better to let the client know that you will be writing down. Thus always ask for client’s permission. Note taking should be of important points and not verbatim.

  • Checklist: This is a document that contains issues that would be needed in conducting interview relating to an area of law. For instance, in Matrimonial Causes, there would be need for date of marriage, date of birth, number of issues, place of cohabitation e.t.c. Checklist is just a reminder of the area of which the interview is to focus. In using checklist, care should be taken as client may not follow it chronologically.

  • Welcoming: This is an important stage in client interview because first impression matters. Should your reception be neat and your receptionist warm, your client will be comfortable upon entrance. A reception need not be an expensive set up but should be more of acceptation. Welcoming would thus involve warm reception, offering of drinks (coffee or tea), and waiting. In welcoming, having a fixed appointment becomes important and should a fixed date not be feasible, the client should be promptly informed.

  • Questioning/Listening: In theses stages, two types of questioning method are always used. Open question (no restriction) and close question (restriction). Open question do not limit the scope of the answer and should be used at the beginning e.g how can I help? What brought you here?

  • Advising: A legal practitioner ought to be modest when giving legal advice to his client. A lawyer is not expected to make boastful assurances. A lawyer should inform his client that his claim or defense is hopeless, if he considers it so. Rule 14(2)(e) RPC. The advice on ADR is a professional duty which every lawyer is expected to perform. Rule 15(3)d RPC. Failure to advice on ADR amount to professional misconduct.
    CONFIDENTIALITY: R. 19 of RPC & S. 192 of E.A 2011. The issue of confidentiality is to be raised at the most convenient and appropriate stage and could be raised as many times. It should be made known to the client at the beginning of the interview, and as the interview progresses, the legal practitioner needs to emphasize the issue of confidentiality to assure the client of trust. Exceptions to confidentiality is anticipated crime.

  • Closing: Give a summary of the client’s story; give a summary of your own impression of the story as he told you; follow up; documents needed to be given. After the client’s interview, draw up a short letter to the client, stating what was agreed on during the client’s interview, the option available and the one that he had chosen and asked for confirmation.

RULES AND CHALLENGES OF COMMUNICATION SKILLS IN CLIENT INTERVIEW AND COUNSELING
The work of a lawyer involves communication. Even when drafting, communication is involved. This communication can either be in writing or oral. Apart from words uttered, there are other means of communication. They are tone, body language, rhythm, visual element. Hence the legal practitioner must make sure that the foregoing is taken into account when conducting client interview else relevant information might not be obtained from the client. Also part of communication skill is listening skill. Listening skill appear to be the most difficult skill.

There is active listening and passive listening. A lawyer in client interview should employ the passive and the active listening skill. This could be done by looking at your client while he is talking and nodding your head while the client is talking. It is pertinent to note that client interview is a skill that depends on other skills like communication skill. A legal practitioner in client interview could be faced with the challenge of a client restricting relevant facts and difficulty in understanding client narration of events/facts.