An Introduction to Client Counseling

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Sharifah Zubaidah Syed Abdul Kader

([email protected])

Ahmad Ibrahim Kulliyyah of Laws

International Islamic University MalaysiaOctober 2011

An Introduction to ClientCounseling for Law Students


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Consider the Following Scenario: Puan Asmah, a 35 year old executive working at

Petronas, went to a beauty salon in a shoppingcomplex for a facial.

The beautician explained to her the types of

facials on offer for that month and Puan Asmahchose the whitening facial.

During the facial, Puan Asmah felt some tinglingeffect on her cheeks and then a severe burning

sensation. The beautician explained that this was normal

especially for those with sensitive skin like PuanAsmah.

After the facial, PuanAsmahs face was very redand painful.


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Puan Asmah Three days later, there

was no improvement toher face and it becamevery itchy and scalyinstead.

In fact, dark patchesdeveloped on herforehead, nose andaround the mouth.

Puan Asmah went to adermatologist who thenadvised her that thefacial skin had beendamaged by severe

allergy to the productused at the beaut


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Puan Asmah feels extremely ashamed to go out andtook 2 weeks leave from work as she could not faceher colleagues.

Furious and distressed, Puan Asmah went back to thebeauty saloon and demanded an explanation.

The beautician was surprised to see PuanAsmahscondition and said that the salon does not guaranteethe effectiveness of its treatments in the face ofindividual allergic symptoms of the customers.

Puan Asmah is now distinctly feeling that her husband

cannot even bare to look at her when they aretogether. A distraught and angry Puan Asmah now comes to

your office for advise on whether she can sue thebeauty saloon for compensation.

How would you counsel and advise Puan Asmah?


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Meaning of Client Counseling


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Client Counseling

A method ofconducting a client

interview that

emphasizes a client-centered approach

with the aim ofempowering the client

to understand hisproblems and makean informed decision

on follow-up actions tosolve such problems,

preferably towardsavoidin liti ation.


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Why Client Counseling?

To change thetraditional image oflawyers as beingsuperior to their

clients in dealing andmaking decisions in

respect of the clients

problem.


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Why adopt a client centeredapproach? 1) It is the client who

OWNS theproblem, not thelawyer.

2) Clients aregenerally in a betterposition than

lawyers toidentify andassess the

importance ofsolutions and

non- legal


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Why the client-centeredapproach?

3) Clients arenormally in a betterposition thanlawyers to

determine whatrisks are worthtaking.

4) Clients arecapable of andinterested in

participating inthe counselingprocess and makingimportant decisions.


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5) Active lawyer-client

collaborationpromotes

affectiveimplementation ofdecisions.


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Client Counseling RequiresSKILLS

Communication Listening Analytical

Empathy Counseling


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The ART of Client Counseling

To be good at an art, you need to do it often. It isthe experience that enriches you.

Practice makes perfect.

Best way to train for client counseling is to dosimulations of sessions with a client.

Trainer to prepare a client scenario for the

students to simulate the role of lawyers attendingto such client.

Need a constant supply of friends who can act asclients.


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STAGES OF A CLIENT COUNSELINGSESSION


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WELCOMING THE CLIENT

Purposes:

1) Making the client feel welcome andcomfortable.

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.


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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 pointof the interview.

Good to ask also what are the clientsexpectations about the session and generallywhat specific questions they would like answeredin the end.


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Establishing Your Clients

Background

Ask some preliminary questions to help youunderstand 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 thesession. In the competition, the first 30 minutesare free, after that if the client chooses to retainyou as his lawyer, you will charge $100 per hour.

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n orma on a er ng: e ng our ento

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 toshare his problem with you.

Clients usually will try to tell you the problem as ifhe is the right party and the adverse party is atfault.

Remember that this may not always be the case. The effectiveness of this stage also depends on

your listening and questioning skills.


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AIMS OF THIS SESSION:

1) To let your client open up and do most of thetalking.

2) To cultivate trust and confidence in you sothat the client participates fully in the session.

3) To roughly formulate a general idea of therelevant 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.


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The Dos and the Donts

during this stage DO: - ask open-ended

questions; (e.g. hmm, andthen what happened?)

- listen actively; (e.g.

hmm.., I see.., really?) - encourage the client to

tell you everything;

- assure the client that youneed to know everythingin order to be able to helphim.

-remember and use yourclients name throughoutthe session;

- recognise, understandand respond to your

clients feelings; (e.g. useempathetic replies)

- use the 7 second rule.(giving space to the clientto think and respond)

- answer your clientsquestions/ queriesappropriately.

Begin recognising legaland non-legal issues and

note them down.


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DO NOT! - interrupt your client

while he is speaking.

- distract your clientwith inappropriate

body language orgestures.

- make judgmentalremarks;

- dismiss your clientsquery or question ona matter;

- stereo-type yourclient;

- belittle your client inany way;

- be distracted withthe next question youwant to ask the clientuntil you do not pay

attention to what he issaying now;

Make false orimmature assurancesto your client about

the legal problem;


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Developing the Problem At this stage, you are trying to formulate a more

complete picture of what happened.

Revisit certain facts that need clarification andask more focused questions.

It is important to ask the names of all personsmentioned in your clients story.

Also ask whether such persons can verify theclaims 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. Ifmot, when you can have it soonest.


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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 anyincorrect information or perceptions you havemade in the case.

Result? You will have a better and accurateidea of the facts and relevantinformation.


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Explaining the Law After you are sufficiently sure of the facts of your

clients case, you can begin identifying the law andhow 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, justsummaise the effect in your own words.

Avoid sugar-coating your advise e.g. do not assureyour client that he has a sure win case.

Point out other information required before a moreconcrete and substantial road-map can be drawn todeal with the problem.

Explain the cause of action, if any.


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Explaining Your Clients Options Options in a civil case will usually be:

i) To meet the adverse party and seek tonegotiate a settlement. (you must by now

have a general idea as to how your clientwould 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.


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Ending the Session This stage is to tie up loose ends and conclude

the session.

Be sure that your client understands all hisoptions.

Inform the client what you will be doing for themnext 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 thesession.

Conclude on a positive note.


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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 youthought the session went.

Share your observations relating to the client andhis problem.

Agree on follow-up action and divide tasks for the

next meeting.

An Introduction to Client Counseling

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