Georgie Clayton 2022©
Interviewing and advising
Interviewing and advising guide
*Depending on what the Legal Note is, you could prepare a checklist of general questions that might arise, i.e., if this is a debt claim, you could have questions on whether there is a contract, what the contract price
is, any losses, etc. do not make the questions too specific as you will not know in advance which direction the client’s problem will take.
Section What the Guide says Example of what you could say
Introduction: Problem identification
[ ] a) Explains structure of interview (Preliminary
“Hi, how are you?”
costs i.e., fixed fee/free first interview etc.).
This is the time to put your client at
ease!
*they reply* *you reply*
This can be prepared in advance to a
“Thanks for coming to see me today. I’m Georgie Clayton. And you are?”
certain extent.
*they give their name*
4 marks
“It’s nice to meet you, [THEIR NAME].”
“What I’d like to do is start by explaining a little bit how this interview is going to run.”
“In a moment, I’ll ask for your name and contact details. Then I’ll give you the chance to
tell me the full background to the pb you’re coming to see me about today.
“I’ll then move on to try to get the missing information from you by asking some
questions before advising you.”
“I’ll conclude by explaining by how the firm will charge you for any subsequent work we
undertake for you
“Before we both leave the interview today, we’ll agree what action each of us has to
take following the interview.
“I’d like to start by just reassuring you that there will be no charge for today’s interview.
This first interview is free” (Individual)”
“Today is a fixed fee interview” (Company)
Does that sound OK?
*they reply*
,Georgie Clayton 2022©
“Would you mind giving me your full name…
[ ] b) Obtains client details (name, address,
contact phone number and email). *gives name*
!/!: some clients find note taking distracting and intrusive, so maybe Your address…
let them know here that you may need to take some notes to ensure
you retain accurate record of what has been said *gives address*
and contact number?”
*gives contact number*
(if both phone and e-mail given): “do you prefer to be contacted by phone or email?”
*gives preference*
[ ] c) Allows client to explain problem (i.e., why
If you could tell me very briefly why you’ve come to see me today.”
has the client come to see you? –
‘Background’ in client scenario document),
*gives brief description*
concerns, goals.
“So, to confirm, [CONFIRMS UNDERSTANDING]?’
[ ] d) Confirms solicitor's understanding of
“So, to confirm/ essentially [CONFIRMS UNDERSTANDING]?’
problem, concerns, goals to ensure
interview proceeds on the correct footing
History: Client’s overview
“Ok. Great. So, is there any more information you’d like to give me?.”
Client tells their narrative of what [ ] a) Encourages client to relate history of
happened – this is not your time to ask problem and uses appropriate open
e.g., if contract = from the moment you entered into the contract and the circumstances
detailed questions! questions to clarify, e.g., ‘what happened
surrounding the delay right up to today
next?’
8 marks
Avoids detailed questions at this stage. *gives information*
Notes Questions
[ ] b) Interacts with client in an appropriate way, Eye contact/ affirming sounds: mmm, ok, yes, right, I see
maintaining engagement and interest.
Ok so you would like to:
*affirming sounds: mmm / ok/ yes/ right/ I see 1.
2.
, Georgie Clayton 2022©
Invoice is now When was the 3.
overdue invoice due? Do
*eye contact
you have a copy
Do you have anything else to add before I go on to ask you some questions?”
of that?
[ ] c) Appears to take diligent and orderly notes –
do not write down everything! !/! Great, I’m going to take a brief moment to collect my thoughts before asking some
questions.
[ ] d) Briefly checks/clarifies understanding of
facts and importantly the client’s concerns
before questioning.
Questioning [ ] a) Identifies relevant topics and questions *Use the key concern headings and then fill in the answers under them.
client appropriately, clearly, thoroughly, and
This is the chance to obtain from the systematically.
client all the additional information
needed to advise properly – this is your Maybe go through events chronologically as this will prompt any gaps
time to ask detailed questions! to be filled, etc., i.e., “you’ve told me that…”
!/! some clients will not want to divulge Use a mix of open questions to get further information and closed BLP-type scenario – possible Q PLP-type scenario – possible Q
this information so you may need to questions to check facts obtained from the open questions such as
explain to them why you need it/ the times, dates, places, names, etc. = funnelling
significance of it. Leasehold:
[ ] b) Identifies missing facts, and what further Do you have a copy of the lease?
Was this a written contract? do
Further information could include facts required (e.g., missing documents) you have a copy of it?
Client’s occupation = for costs Do you have any correspondence
advice with the tenant? i.e., their
[ ]. c). Summarises the client’s key concerns to check Was this [i.e., Delivery Date, Price,
Other party’s details = if any claim application for consent, etc
your understanding and allow the client to etc] a term of the contract?
is brought
correct you if you have made a mistake or o What was the contract
Witnesses and their details = to
misheard price? Inclusive of VAT? How much rent are they paying?
gather evidence
Chronology = to know what
happened and in what order o What was the delivery Who is, X. Do you have her contact
Documents/ evidence = to date? details and details of how I can
evidence argument such as contact them?
written contracts, letters, leases,
written partnership agreements, o Was there any mention
invoices, etc of a deposit or VAT? Do you have any idea about who
= have you got the document to hand? the proposed new tenant would
If not, do you recall X, Y or Z? be?
Can I just take his details, i.e.,
Financial losses = breach of details of people who might be
contract/ breach of terms of lease useful.
o How can I contact Freehold
e.g., details of the contract (term, price, them?
etc); should the other party have
foreseen the losses, amount of the
claim, etc. If there is an invoice, do you have a
copy of it?
*Depending on what the Legal Note is, o Is it overdue?
Interviewing and advising
Interviewing and advising guide
*Depending on what the Legal Note is, you could prepare a checklist of general questions that might arise, i.e., if this is a debt claim, you could have questions on whether there is a contract, what the contract price
is, any losses, etc. do not make the questions too specific as you will not know in advance which direction the client’s problem will take.
Section What the Guide says Example of what you could say
Introduction: Problem identification
[ ] a) Explains structure of interview (Preliminary
“Hi, how are you?”
costs i.e., fixed fee/free first interview etc.).
This is the time to put your client at
ease!
*they reply* *you reply*
This can be prepared in advance to a
“Thanks for coming to see me today. I’m Georgie Clayton. And you are?”
certain extent.
*they give their name*
4 marks
“It’s nice to meet you, [THEIR NAME].”
“What I’d like to do is start by explaining a little bit how this interview is going to run.”
“In a moment, I’ll ask for your name and contact details. Then I’ll give you the chance to
tell me the full background to the pb you’re coming to see me about today.
“I’ll then move on to try to get the missing information from you by asking some
questions before advising you.”
“I’ll conclude by explaining by how the firm will charge you for any subsequent work we
undertake for you
“Before we both leave the interview today, we’ll agree what action each of us has to
take following the interview.
“I’d like to start by just reassuring you that there will be no charge for today’s interview.
This first interview is free” (Individual)”
“Today is a fixed fee interview” (Company)
Does that sound OK?
*they reply*
,Georgie Clayton 2022©
“Would you mind giving me your full name…
[ ] b) Obtains client details (name, address,
contact phone number and email). *gives name*
!/!: some clients find note taking distracting and intrusive, so maybe Your address…
let them know here that you may need to take some notes to ensure
you retain accurate record of what has been said *gives address*
and contact number?”
*gives contact number*
(if both phone and e-mail given): “do you prefer to be contacted by phone or email?”
*gives preference*
[ ] c) Allows client to explain problem (i.e., why
If you could tell me very briefly why you’ve come to see me today.”
has the client come to see you? –
‘Background’ in client scenario document),
*gives brief description*
concerns, goals.
“So, to confirm, [CONFIRMS UNDERSTANDING]?’
[ ] d) Confirms solicitor's understanding of
“So, to confirm/ essentially [CONFIRMS UNDERSTANDING]?’
problem, concerns, goals to ensure
interview proceeds on the correct footing
History: Client’s overview
“Ok. Great. So, is there any more information you’d like to give me?.”
Client tells their narrative of what [ ] a) Encourages client to relate history of
happened – this is not your time to ask problem and uses appropriate open
e.g., if contract = from the moment you entered into the contract and the circumstances
detailed questions! questions to clarify, e.g., ‘what happened
surrounding the delay right up to today
next?’
8 marks
Avoids detailed questions at this stage. *gives information*
Notes Questions
[ ] b) Interacts with client in an appropriate way, Eye contact/ affirming sounds: mmm, ok, yes, right, I see
maintaining engagement and interest.
Ok so you would like to:
*affirming sounds: mmm / ok/ yes/ right/ I see 1.
2.
, Georgie Clayton 2022©
Invoice is now When was the 3.
overdue invoice due? Do
*eye contact
you have a copy
Do you have anything else to add before I go on to ask you some questions?”
of that?
[ ] c) Appears to take diligent and orderly notes –
do not write down everything! !/! Great, I’m going to take a brief moment to collect my thoughts before asking some
questions.
[ ] d) Briefly checks/clarifies understanding of
facts and importantly the client’s concerns
before questioning.
Questioning [ ] a) Identifies relevant topics and questions *Use the key concern headings and then fill in the answers under them.
client appropriately, clearly, thoroughly, and
This is the chance to obtain from the systematically.
client all the additional information
needed to advise properly – this is your Maybe go through events chronologically as this will prompt any gaps
time to ask detailed questions! to be filled, etc., i.e., “you’ve told me that…”
!/! some clients will not want to divulge Use a mix of open questions to get further information and closed BLP-type scenario – possible Q PLP-type scenario – possible Q
this information so you may need to questions to check facts obtained from the open questions such as
explain to them why you need it/ the times, dates, places, names, etc. = funnelling
significance of it. Leasehold:
[ ] b) Identifies missing facts, and what further Do you have a copy of the lease?
Was this a written contract? do
Further information could include facts required (e.g., missing documents) you have a copy of it?
Client’s occupation = for costs Do you have any correspondence
advice with the tenant? i.e., their
[ ]. c). Summarises the client’s key concerns to check Was this [i.e., Delivery Date, Price,
Other party’s details = if any claim application for consent, etc
your understanding and allow the client to etc] a term of the contract?
is brought
correct you if you have made a mistake or o What was the contract
Witnesses and their details = to
misheard price? Inclusive of VAT? How much rent are they paying?
gather evidence
Chronology = to know what
happened and in what order o What was the delivery Who is, X. Do you have her contact
Documents/ evidence = to date? details and details of how I can
evidence argument such as contact them?
written contracts, letters, leases,
written partnership agreements, o Was there any mention
invoices, etc of a deposit or VAT? Do you have any idea about who
= have you got the document to hand? the proposed new tenant would
If not, do you recall X, Y or Z? be?
Can I just take his details, i.e.,
Financial losses = breach of details of people who might be
contract/ breach of terms of lease useful.
o How can I contact Freehold
e.g., details of the contract (term, price, them?
etc); should the other party have
foreseen the losses, amount of the
claim, etc. If there is an invoice, do you have a
copy of it?
*Depending on what the Legal Note is, o Is it overdue?
