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Direct Representation:
Direct Representation:
Essential Client Interview
Essential Client Interview
Skills
Skills
Alexis Lorenzo, Foreclosure Prevention Staff Attorney Alexis Lorenzo, Foreclosure Prevention Staff Attorney
and and
E. Dume, Foreclosure Prevention Paralegal E. Dume, Foreclosure Prevention Paralegal
Legal Services NYC Legal Services NYC-
-Bronx
Bronx
Source Material:Essential Lawyering Skills: Interviewing, Counseling,Negotiation, and Persuasive Fact Analysis by Krieger,Neumann, McManus, and Jamar.NeighborWorks Training InstituteLegal Services NYC, Immigration Unit Intake Procedures
Purposes For Interviewing Client
Purposes For Interviewing Client
Form an attorney-
-client relationship
client relationship
Learn client’
’s goals
s goals
- Learn as much as the client knows about the
Learn as much as the client knows about the
facts
facts
- Reduce the clients anxiety without being
Reduce the clients anxiety without being
unrealistic
unrealistic
Interviewing Dynamics
Interviewing Dynamics
Inhibitors
- What might inhibit a client from telling you
What might inhibit a client from telling you
everything he/she thinks and remembers?
everything he/she thinks and remembers?
- Embarrassing to confess a problem that is out of
Embarrassing to confess a problem that is out of
control. control.
Details of client’
’s problem are often very personal
s problem are often very personal
and may make the client look inadequate or and may make the client look inadequate or
reprehensible. reprehensible.
Interviewing Dynamics Continued Interviewing Dynamics Continued
Facilitators
- What might help a client tell you as much as
What might help a client tell you as much as
possible?
possible?
- Show empathy and respect rather than distance.
Show empathy and respect rather than distance.
- Encourage communication with nonverbal
Encourage communication with nonverbal
communication and active listening. communication and active listening.
Ask clear and well-
-organized questions.
organized questions.
- Set up your office in a way that clients find
Set up your office in a way that clients find
welcoming. welcoming.
Organizing the Interview Continued Organizing the Interview Continued
Learn Exactly What the Client Wants to Accomplish to Learn Exactly What the Client Wants to Accomplish to
Resolve the Problem Resolve the Problem
Goal Identification.
Discuss Preliminary Strategy Discuss Preliminary Strategy
- Tentatively discuss possible strategies for handling the
Tentatively discuss possible strategies for handling the
problem. problem.
Closing Phase Closing Phase
- You and client come to an agreement on what will happen
You and client come to an agreement on what will happen
after the interview. after the interview.
Beginning the Interview
Beginning the Interview
Explain Attorney Explain Attorney-
-Client Confidentiality
Client Confidentiality
- Rule 1.6 of the Model Rules of Professional Conduct:
Rule 1.6 of the Model Rules of Professional Conduct: “
“A lawyer
A lawyer
shall not reveal information relating to representation of a shall not reveal information relating to representation of a
client. client.”
”
4 Exceptions
- Client consents to disclosure.
Client consents to disclosure.
- Implied consent when disclosure is necessary to carry out repres
Implied consent when disclosure is necessary to carry out representation.
entation.
- Lawyer reasonably believes disclosure is necessary to prevent cl
Lawyer reasonably believes disclosure is necessary to prevent client from
ient from
committing crime likely to result in imminent death or substanti committing crime likely to result in imminent death or substantial bodily
al bodily
harm. harm.
- Lawyer reasonably believes disclosure is necessary to protect la
Lawyer reasonably believes disclosure is necessary to protect lawyer in a
wyer in a
fee dispute, malpractice action, ethics investigation, or where fee dispute, malpractice action, ethics investigation, or where lawyer is
lawyer is
being sued in connection with representation of the client. being sued in connection with representation of the client.
Be an Active Listener Be an Active Listener
Social skill you are already adept at. Social skill you are already adept at.
Try to refrain from interrupting with narrow questions Try to refrain from interrupting with narrow questions
. .
Understand Your Client
Understand Your Client’
’s Goals
s Goals
What is Client’
’s desired outcome
s desired outcome
Vindication
Compensation for a loss
Revenge
- Assumptions are dangerous
Assumptions are dangerous
- Get a clear statement from the client.
Get a clear statement from the client.
- You may need to help tease this out for the client.
You may need to help tease this out for the client.
Consider Strategy During the Consider Strategy During the
Interview
Interview
Listen for Facts Relevant to Your Tentative Legal Listen for Facts Relevant to Your Tentative Legal
Theory. Theory.
Find client Find client’
’s persuasive story
s persuasive story
- Facts that will seem most persuasive to the fact
Facts that will seem most persuasive to the fact-
-finder.
finder.
Burdens of Proof Burdens of Proof
- Legal theory must satisfy the elements of the legal tests that
Legal theory must satisfy the elements of the legal tests that
make up your burden. make up your burden.
- Prepare your legal theory that prevents the other side from
Prepare your legal theory that prevents the other side from
satisfying the elements of the legal test the other side must satisfying the elements of the legal test the other side must
prove. prove.
A Persuasive Theory is based on Solid Evidence and A Persuasive Theory is based on Solid Evidence and
the Inferences that can be Drawn from that Evidence. the Inferences that can be Drawn from that Evidence.
Case Study#1 Jessica Johnson Case Study#1 Jessica Johnson
Divorce Action/Custody/Child Divorce Action/Custody/Child
Support/Alimony/Equitable Distribution Support/Alimony/Equitable Distribution
Jessica Johnson is 22yr old college student Jessica Johnson is 22yr old college student
and a mother of an 18 month old and a mother of an 18 month old
daughter, Jasmine. Jessica has been daughter, Jasmine. Jessica has been
married to her high school boyfriend, married to her high school boyfriend,
Mark Johnson, 25yrs old, for 4 years. Mark Johnson, 25yrs old, for 4 years.
Jessica would like to get a divorce from Jessica would like to get a divorce from
Mark alleging that she has been verbally Mark alleging that she has been verbally
and physically abused for the past 3 years. and physically abused for the past 3 years.
Jessica explains that Mark has become very Jessica explains that Mark has become very
jealous since she enrolled at Bronx jealous since she enrolled at Bronx
Community college. A month ago, Jessica Community college. A month ago, Jessica
called the police after a particularly abusive called the police after a particularly abusive
incident. Mark was arrested and Jessica incident. Mark was arrested and Jessica
was issued a temporary protective order, was issued a temporary protective order,
prohibiting Mark from returning to the prohibiting Mark from returning to the
home, and making direct or indirect home, and making direct or indirect
contact through a 3 contact through a 3
rd rd
party. party.
Jessica feels as though she Jessica feels as though she’
’s being followed
s being followed
or watched by Mark and his friends as or watched by Mark and his friends as
Mark and his buddies always seem to Mark and his buddies always seem to
know where she is because they know where she is because they’
’ll often
ll often
show up at school or near her friend show up at school or near her friend’
’s
s
homes. homes.
Jessica and Mark both have Facebook Jessica and Mark both have Facebook
profiles and the last time Jessica visited profiles and the last time Jessica visited
Mark Mark’
’s Facebook profile, she saw that
s Facebook profile, she saw that
he had posted a picture of her hanging he had posted a picture of her hanging
out with a couple of friends with the out with a couple of friends with the
tagline tagline “
“U betta watch ur back.
U betta watch ur back.”
”
Jessica has also been receiving Jessica has also been receiving
threatening text messages and emails threatening text messages and emails
from addresses she does not recognize. from addresses she does not recognize.
She knows that Mark is sending her She knows that Mark is sending her
these messages but does not know how these messages but does not know how
to prove it. to prove it.
Jessica works part Jessica works part-
-time in her school
time in her school’
’s
s
alumni office and Mark owns a alumni office and Mark owns a
computer repair business called computer repair business called
“ “Geeks
Geeks-
2-
-Go
Go”
” with a couple of high
with a couple of high
school buddies. Jessica believes that school buddies. Jessica believes that
Mark makes good money because he Mark makes good money because he
pays their bills on time, go out to the pays their bills on time, go out to the
movies and dinners, and hire a baby movies and dinners, and hire a baby
sitter so that Jessica could go to school. sitter so that Jessica could go to school.
Mark has stopped paying the rent andMark has stopped paying the rent and
the utility bills. The bills are piling up the utility bills. The bills are piling up
and Jessica is unable to pay. and Jessica is unable to pay.
Case Study #2 Violence Against Case Study #2 Violence Against
Women Act (
Women Act (“
“VAWA
VAWA”
”) Ms. W. Kim
) Ms. W. Kim
Ms. Kim was born in South Korea. She Ms. Kim was born in South Korea. She
first met her husband, Mr. H. Kim, in first met her husband, Mr. H. Kim, in
1991 through friends. Mr. Kim called 1991 through friends. Mr. Kim called
Ms. Kim often while they maintained a Ms. Kim often while they maintained a
long long-
-distance relationship. In 1994 Mr.
distance relationship. In 1994 Mr.
Kim went to Korea to visit Ms. Kim. Kim went to Korea to visit Ms. Kim.
While there he met her family and friends While there he met her family and friends
and asked for her to marry him. Ms. Kim and asked for her to marry him. Ms. Kim
accepted and they hand an engagement accepted and they hand an engagement
ceremony in Korea. ceremony in Korea.
Mr. Kim returned to the US shortly after Mr. Kim returned to the US shortly after
the engagement and Ms. Kim joined him the engagement and Ms. Kim joined him
in the US a few days later. Ms. Kim in the US a few days later. Ms. Kim
entered the US via Canada by boat. entered the US via Canada by boat.
Once Ms. Kim was in the US Mr. Kim Once Ms. Kim was in the US Mr. Kim’
’s
s
attitude towards her changed. He became attitude towards her changed. He became
verbally and emotionally abusive. He was verbally and emotionally abusive. He was
controlling and would not allow Ms. Kim controlling and would not allow Ms. Kim
to leave the home. He often called her to leave the home. He often called her
“ “f#$%ing b*&^h
f#$%ing b*&^h”
” and
and “
“dog b*&^h
dog b*&^h”
”
when they would argue. when they would argue.
Mr. and Ms. Kim married in 1996 after Mr. and Ms. Kim married in 1996 after
the birth of their daughter, Cho Hee. the birth of their daughter, Cho Hee.
About 3 years later after the birth of Cho About 3 years later after the birth of Cho
Hee, Mr. Kim started to physically abuse Hee, Mr. Kim started to physically abuse
Ms. Kim. He started to throw things at Ms. Kim. He started to throw things at
her leaving her body bruised. In 1999, her leaving her body bruised. In 1999,
their 2 their 2
ndnd
daughter Hana was born. daughter Hana was born.
About 2002, the abuse became worse. About 2002, the abuse became worse.
Mr. Kim frequently stayed out all night Mr. Kim frequently stayed out all night
and drank all the time. He also started to and drank all the time. He also started to
force Ms. Kim to have sex with him on a force Ms. Kim to have sex with him on a
regular basis. Ms. Kim would always regular basis. Ms. Kim would always
refuse but Mr. Kim would pin her down refuse but Mr. Kim would pin her down
leaving bruises on her wrists. leaving bruises on her wrists.
On or about September 2003, Mr. Kim On or about September 2003, Mr. Kim
threatened to kill Ms. Kim with a knife threatened to kill Ms. Kim with a knife
and raped her. The next day, Ms. Kim and raped her. The next day, Ms. Kim
went to the precinct to file a report but went to the precinct to file a report but
ultimately did not and instead got ultimately did not and instead got
counseling at the Korean American counseling at the Korean American
Family Service Center to help her cope. Family Service Center to help her cope.
On or about January 2004 Mr. Kim hit On or about January 2004 Mr. Kim hit
Ms. Kim hard on the chest and when Ms. Kim hard on the chest and when
their 7yr old child intervened Mr. Kim their 7yr old child intervened Mr. Kim
punch the child in the arm. The Kims punch the child in the arm. The Kims
separated in February 2004 when Ms. separated in February 2004 when Ms.
Kim moved into a domestic violence Kim moved into a domestic violence
shelter. shelter.
