PLANTEAMIENTO TEÓRICO
7. Marco teórico.
7.10. Características del mobbing.
Contents:
13.1 Introduction
13.2 Stages of the interviewing and counselling process
Outcomes:
The ability to plan, prepare and conduct an effective client interview, and to provide the client with appropriate counselling and advice following the interview.
13.1. Introduction
The purpose of an interview with a client is to establish relevant legal issues. For example, the purpose of the initial client interview is to establish whether the client has a legal problem or issue and discuss remedies available to them. For example, this interview would differ from a later interview with the same client consulting for trial as the objective is to prepare the client to give evidence on legal issues.
Client counselling is a procedure that follows the identification of the relevant issues, and has the purpose to explain all options flowing from the issues, advising the client on the advantages and drawbacks of the various legal options available, and finally guiding the client to make a choice of one or more of the options available.
13.2 Stages of the interviewing process173
The interviewing process has various distinct phases:
1. Preparation for the interview: this includes preparing the physical environment (directions; parking; setting up or arranging tables and chairs; water and drinking glass; etc); completing the client information sheet; meeting the client and escorting the client to the interview table (‘meet and greet’); indicating toilet facilities and reading the client file (if applicable).
When meeting a client for the first time, it is very important to get all of their details and their particulars. You must ensure that you have enough information to contact them after they have left the clinic. This session it is very important to get as much information from the client as possible174. This will include cell phone numbers, cell phone numbers of family members, spouses and next of kin. When asking for an address, ask the client to draw a map with directions to their home including landmarks like shops and schools. If they live in a rural area, ask for the contact number of the chief/headman. If it becomes apparent that it will be difficult to contact them once they have left the clinic, set a date for a follow up appointment at the initial meeting to ensure that they come back to the clinic.
173See Annexure K client- interviewing and advising guide and annexure M: summary of interviewing steps 174 See Annexure J- Client intake form and interviewing sheet
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2. Starting the interview: Open-ended positive words (e.g. ‘How can I help you?’ or ‘why have you come to see us today?’ and not ‘What is your problem?’)3. Let the client tell the story: Let the client talk without interruption and listen carefully; maintain regular eye contact and jot down notes as the client talks; list possible legal issues that arise; note client’s demeanour, body language and voice inflections; resist the temptation to interrupt even if the story is disjointed; do not offer legal advice or conclusions at this stage, even if asked); avoid premature problem identification.
4. Develop a chronology: When the client has completed telling the story, develop a chronology (i.e., start at a given point and note down events in time sequence, step by step) for each of the potential legal issues you had noted earlier. Use progressively more closed questions to “funnel” the client’s version into a chronology. At the end of the chronology on each potential issue, confirm your initial view on whether a legal issue exists or not. Once all the issues have been identified, confirm them with the client again.
5. Counselling: The interviewing process is followed by the counselling stage. This entails listing various available options flowing from the issues, explaining the advantages and disadvantages of each option, considering non-legal options, advising the client on your opinion of the preferred option given the client’s circumstances, and guiding the client to make a choice on one or more of the available options.
6. Closing the interview: Once the client has made an informed choice, the last stage is to confirm the choice(s), confirm what further actions you will take and what actions the client must take, and finally seeing the client out of the offices.
Note that it is important that the law clinic develop a checklist for dealing with clients to ensure no aspects of the process are overlooked175.
This checklist should include: Preparation
prepare for interview with client
familiarity with charge, relevant law
familiarity with facts
familiarity with court policy Conducting Interview
make client feel relaxed
explain how the Clinic works
confidentiality
personal history
update current contact information, employment, etc.
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no note taking during initial interview
ask about witnesses
ask about statements, searches, etc.
ask about mitigation
review relevant facts, taking notes
discrepancies
obtain any releases Counselling Skills
• Advice to Client
• explain the law, including affirmative defenses
• discuss exposure
• don’t talk to anyone about the case
• explain the procedure of the prosecution, trial • discuss whether client should testify
• discuss plea bargaining, accord & satisfaction
• answer questions
Professional Responsibility
• don’t confront client
• don’t judge client
• don’t become a witness
• encourage candour
• be candid
Pretrial Proceedings: Witnesses
• Identify Witness, Pro and Con
• Background Information
• Arranged Interview
• Unarranged Interview
• Identify yourself and client
• Find out what they know
• Find out what they have said, to whom
• Whether coming to court
• Who they can talk to
13.3 Proper Interview Techniques
From Eyewitness Evidence: A Guide to Law Enforcement, U.S. Department of Justice, Office of Justice Programs, National Institute of Justice.