DLSS Client Interview Handbook

2019 CLIENT INTERVIEW HANDBOOK DEAKIN LAW STUDENTS' SOCIETY

DIRECTOR'S STATEMENT A core objective of the 2019 Deakin Law Students' Society Competitions portfolio is to provide a greater number of educational resources to encourage students to compete and break down many of the traditional barriers associated with competitions.

The 2019 Client Interview handbook aims to provide students with an in depth understanding of how a client interview works and how students and lawyers need to question a client to ascertain the relevant facts required to establish whether or not there is a claim. This guide is intended as a companion to the Client Interview workshop which will be run on March 28 2019.

I would like to thank my officers, Georgia Gilbert, Stephanie Seviloglou and Tanya Weissick for all their support and assistance throughout the creation of this hand book.

I hope this handbook is a valuable resource throughout the competition.

Good Luck!

JULIA MOLLICA Competitions Director

CONTENTS

WHAT IS A CLIENT INTERVIEW? Client Interview is a competition run by the DeakinLaw Student's Society to allow students an opportunity to engage in a simulation of - you guessed it - a client interview. The aim of this competition is to step into the shoes of a lawyer who has just been introduced to a potential client.

You goal is to glean all relevant information from your client, making sure you fully understand the ins and outs of their situation as if you were considering taking their matter on.

Some clients may be tight lipped, some may wish to tell you al the irrelevant details of their life - it is your job to attain relevant information and to redirect your client to more useful channels should they go off on a tangent.

WHY SHOULD I COMPETE? If you’ve ever felt daunted at the prospect of participating in a DLSS competition, then look no further than Client Interview!

Unlike many more traditional competitions, Client Interview is a less formal, less research-based competition that allows students to apply and practise practical skills that will assist them in their legal career. You need only interact with your client and your partner; a judge will be present only to assess your skills. Client interview is open to all Bachelor of Laws students and everyone is judged fairly. Don’t have a partner?

This is the least of your worries – simply put your name down anyway and we’ll match you up with someone. There is simply no excuse not to give Client Interview a go!

HOW DO CLIENT INTERVIEWS WORK? A team of two will meet with a client who will speak of an issue in their lives. The objective of the teams is to analyse the information provided by asking the right questions to see if there is a potential case to pursue legal action.

The client interview will go for 30 minutes and present with you will be the client and a judge who, as a silent observer who will score you throughout the interview.

The client interview is a competition all about skill and courtesy. You will be tested in how you interact with the client and the amount of detail pertaining to the legal issue you can ascertain from them.

Remember, your client may not have the same legal exposure to the legal system as you, so the manner in which you explain areas is something you will need to consider.

COMEPTITION STRUCTURE Sunday 31 March - Receive information pertaining to the interview. For those who have signed up without a partner, you will also receive the details of the individual you have been paired with.

Tuesday 2, Wednesday 3, Thursday 4 April - Heats begin, your heat will go for approximately 30 minutes with 20 minutes to interview your client and 10 for feedback from the judge.

Thursday 5pm + - you will find out the outcome of your heat and learn if you have progressed to the final

Thursday 11 April - Final

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PREPARING FOR THE CLIENT INTERVIEW On the evening of Sunday 31 March you will receive the relevant information pertaining to the client interview. Once you have read over the rules and the small amount of information you have been provided with, it is best to brainstorm with your partner the types of questions you will ask, and areas you think may be more important than others.

The client interview will not require any level of legal research, knowledge or experience so please do not panic that you won't have enough time to prepare. As long as you have a structure of how you wish to greet the client, the kinds of questions you wish to ask, and how you intend on concluding the interview, you will be fine!

This is an example of the information you will receive prior to the Client Interview. You, like most lawyers when they first meet a client, will only have a vague idea of what their issue is prior to the interview.

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GREETING THE CLIENT The competition commences upon the client knocking on the door. Be calm and approachable as you welcome them in, introducing yourself to the client and shaking their hand.

You can try to break the ice with the client by asking them how their day is. The more comfortable the client feels the more likely they will be to give you information.

Decide beforehand who will be initiating the conversation.

When a team interrupts each other it is likely to confuse the client, and this may lead to points being deducted.

Remember! This is the first meeting between you and your client, be sure to let them know what your role is, what the purpose is of the first interview and what services you can and cannot provide as well as any ethical responsibilities you have towards the client.

Now, with all these formalities out of the way, you're ready to start interviewing!

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THE INTERVIEW ITSELF Ask open ended questions, let the client tell you their story, and listen for the parts of the story where there may be a potential legal issue.

Where the client is being vague, begin to ask specific questions to get to the core issues of the client's problems.

Workout what the aim of the client is. What do they want, and what might be some of the barriers to ensuring they get their desired.

You're welcome to take notes throughout the interview to keep track of all the information the client is giving to you. Also, don't hesitate to pause and ask the client to clarify any of the details.

It's important to remember to focus on who is actually sitting in front of you and consider, based on what they tell you, their proficiency in English, their cultural background and, their commercial acumen and whether they are familiar with the legal process and the interview procedure.

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CONCLUDING THE INTERVIEW It is best to keep track of time while you're interviewing your client so that you can ensure you can focus on the relevant information and questions in the limited time frame you have.

As this is the first time the you are interviewing the client, you are not required or expected to provide them with any legal advice.

A traditionally strong way to conclude a client interview is by taking a moment to confirm the key facts of the client's issues to ensure you have a solid understanding of the key issues of the matter. Then you can simply thank them for coming to see you, shake their hand and walk them to the door!

FAQS How much law do I need to know?

Unlike a moot, Client Interview requires relatively little knowledge of the law. The main objective is to gain all facts of your client’s incident and find out anything that could affect a court case. As you are unable to know what area of law your client will be addressing before the day, you will not be required to do any detailed research beforehand. You will not be assessed on your knowledge of the law but rather your skills in interviewing your client. Students who have studied law longer really have no greater advantage - first years, fifth years and everyone in-between has an equal chance of thriving in this competition!

What should I wear?

The dress code is Business Formal. Imagine what you would wear to a professional interview as this is a good template for your competition clothes! Don’t wear busy clothing, keep it neutral and collected. Hair should also be neat. Remember this is not a personal attack on anyone’s style but in this professional setting, it is all about the client so the less distracting the better!For ladies, do not wear low cut tops, short skirts or lots of jewellery.For gents, this means a matching suit and non-flashy ties.

FAQS How much preparation is needed?

The best thing about the client interview (aside from the invaluable experience!) is the fact that it requires minimal preparation. The objective of the competition is to gain information from your client, and you are not expected to provide legal advice. Therefore if you have a solid list of questions and enter the room with a plan, you're ready to interview!

Help! My client won't stop talking!

This can happen sometimes. When a client comes to see you, they may feel as if they need to give you every detail so that you have the full picture. It is your job to distinguish between what is relevant and what is not. However, you also only have 30 minutes to do this. If you feel like your client is going off track, you can politely interrupt them and bring their attention to something more relevant.

Who will be judging me?

You will be judged by a member of faculty or a senior law student.

What if I don't have a partner?

The Deakin Law Students' Society has a "no partner, no worries" approach when it comes to competitions. If you don't have a partner, let us know in your sign up sheet and we will pair you up with someone.

Are there any other resources for Client Interview?

ALSA uploads the full Client Interview Grand Final which will show you how the Client Interview runs in practice.