I) Three models of Attorney-Client relationship
a. Traditional model
i. Lawyer exercises broad control over the relationship (pg 65)
ii. How this model works: (pg 66)
1. Client comes to the lawyer with some idea a/b his problem
2. Lawyer asks questions designed to adduce the info. Necessary to place the client’s problem w/in appropriate conceptual box
3. At proper time counsels the client by essentially conducting a monologue (tells client of course of action recommends)
4. Assumes clients should be passive and delegate decision-making responsibility to their lawyers.
iii. When it makes sense to use: ( Note #7, pg 70)
1. The solutions may require knowledge and expertise w/in the lawyer’s exclusive control
2. The lawyer fully understands the needs and values of the client
3. The lawyer can be neutral
4. The client is unable/ unwilling to make a decision.
b. Client-centered model
i. Client plays much larger role
ii. How this model works to foster decision about litigation: (pg 66-67)
1. Lawyer sets out the legal alternatives to the client
2. Solicits Client’s input in generating additional alternatives
3. Engages the client in discussion of the positive and negative consequences (legal, social, psychological, and economic) of the options.
4. Lawyer assists the client in weighing the consequences with the client making the final decision.
c. Collaborative model (pg 68-69)
i. Falls b/w the extremes of two models above
ii. Client controls decisions but the lawyer would structure the processes and provide advice in a manner that is likely to yield wise decisions.
II) Basic introduction to interviewing and Counseling
a. Interviewing (pg. 72)
i. First step is to ask and address needs the client may have b/f the introduction (notes on 1/25/06, ex. Maslow’s pyramid)
ii. Introduction(pg. 72)
1. Build trust and Rapport w/ client (introduce yourself)
2. Exchange pleasantries
3. Discuss terms of representation
iii. Preliminary problem ID(pg. 73)
1. Seek/develop basic notion of what brought client
2. What would client like to happen
3. Client’s first definition of problem set parameters for representation
4. Slow down the process in order to learn more about what happened (client’s situation, interests, and goals)
iv. Detailed Problem ID (pg. 73)
1. Lawyer asks the client to start at the beginning and describe the events that led to the situation at hand
2. Lead gently during this stage (interrupt to obtain essential clarifications or keep client on track)
v. Exploration of Interests (pg. 74)
1. Lawyer probes to understand
2. Makes sure client understands their POSITONS (what client wants) & INTERESTS (motivations/needs that impel him to assert that position)
vi. Theory Development (pg. 74)
1. If legal theories seem appropria
y not have formulated an opinion or if you wish to learn a/b the client’s frame of reference and how he or she arrived at a particular point of view. (pg. 87)
3. Then move to specific/ close questions to clarify understandings
a. Designed to elicit particular pieces of information.
b. Make sure these questions don’t make client feel cut off.
c. Closed more appropriate if there is a known range of possible responses within that range there are already clearly defined points representing the client’s position. (pg. 87)
1. Active Listening (pg. 88)
a. Restate both content &
b. Feelings she believes are associated with the statement
2. Four Step Approach (Looping) (pg. 92)
i. First lawyer inquires of the client
ii. Second the client responds
iii. Third the lawyer attempts to demonstrate her understanding of what the client has said.
iv. Finally, if the client does not confirm the lawyer’s understanding, the lawyer returns to step one.