UNIT 5

CLIENT COUNSELING

Client counseling is an act or a process to guide a client especially by a trained and professional
person to solve his problems legally to which he is suffering from in different perspectives. In
client counseling, a professional gives legal advice to a person (client) in social or personnel
problems professionally. There are professionals who often keep their clients waiting for
counseling and lawyers are (unfortunately) one of them. Lawyers are problem solvers. A lawyer
uses his legal knowledge to solve the problems of a client legally by giving him legal advice. A
step by step process of client counseling may be as follows:

Welcoming the client in the chamber: The art of client counseling is the first step to
establishing a good career of a lawyer. In client counseling, it is very much necessary for a
lawyer to maintain a strong professional relationship with a client. The success of a lawyer in
helping his clients depends much on how effective he is in developing a strong professional
relationship with them. A Strong professional relationship is built on trust, comfort, and effective
communication skills. The first session of a lawyer with his clients must be sweet and effective
to attract them towards him in future also; because once a client gets satisfied with the
counselling of a lawyer he would come again to counsel and would give his reference to others
also. Here are some tips for the first step in client counselling:

Welcome with a friendly smile and greetings: A client gets mentally tensed because of the
problems he is facing so it is very much necessary for him to have a friendly talk with a client. A
friendly greeting and some sort of talk can help a client to talk with a lawyer frankly and to
present a problem clearly which he is suffering from. The friendly talk would include the
following:

Please be seated

Whether you have found difficulty to reach here?

Are you feeling comfortable?

Would you like to drink water?

A small introduction of the client.

1
 

The second step: After the welcome greetings, a lawyer should move to the reason of a client’s
visit to him. Here the following steps may be followed:

Ask the client to explain everything: the reasons for seeing a lawyer.

Make a file for each client and take note in bullet points.

Do not laugh or get irritated if the client shows his/her emotions.

Ask him whether he has finished his side of the case.

The third step: Legal analysis of the problem

The Lawyer has to analyze the client’s problem by applying the law at this stage.

Take the photocopies of the documents (if any) that he may have brought with him for showing.

Tell him under which body of law his problem may fall: for example, if it is a property related
problem, tell him this is a civil suit; if it is a family problem especially between husband-wife,
tell him this is a family matter; if it is a case of physical or mental harassment or harm, tell him
this may be a criminal case.

While telling this, make sure that the client is not traumatized by thinking that ‘visit to the lawyer
may bring more problem for him now’.

The lawyer must be attentive. In the first session of counselling when a client tells the facts and
issues and the lawyer is not attentive it would break the whole communication between them and
it may be possible that he would miss the important points of facts. It would create a negative
impression on the mind of the client.

This stage may also need further questioning of the client depending on the documents that the
later provides. The more time he spends with a client the more clarity he and a client would get
about the case. And as the more clarity a lawyer would get, he will be able to move further very
efficiently and can solve the problem. The effectiveness of client counselling depends upon his
level of experience of his previous counselling.

2
The lawyer must also be cautious in dealing with male and female clients. Male clients may not
like to divulge crucial points to women lawyers and female clients may not like to divulge many
things to male lawyers. The lawyer must build the trust that as patients must tell everything to
doctors for effective treatment, clients must also tell everything to lawyers for effective
counselling.

The final stage is telling them the solutions: The clients must be made to realize that there is a
solution for every problem only when they cooperate with the lawyers.

The lawyer may give another date for an appointment for filing the vakalatnama or taking the
matter to the court. He may also ask the client to take some time to decide whether the later
would finally like to appoint him for court cases. But at this stage, the lawyer must not coerce the
later to appoint him. This stage is very important as this may be the crucial stage when a client
may finally decide to trust him for his life time.

A client counselling is not limited to only office interview only. A lawyer needs to guide a client
to each and every process of the case. He needs to state about the legal expenses at every
procedure for filing a case. He needs to guide him at court also. It may be possible that a client is
not educated so it is the duty of a lawyer to guide a client about the rules and regulations of the
court and how to maintain the decorum of the court. He needs to guide about the procedure of
filing a case in a court, how to behave before a judge in courtrooms, what and how they have to
answer to the questions of the judge and of an opposite lawyer in cross-examination. He also
needs to guide a client that he should not speak unnecessarily in a court he should speak when he
is permitted to speak and to maintain the decorum of the court. If a lawyer is presenting a witness
in the proceedings in the court then it is the duty of the lawyer to guide him also that how to
deposit statement before the magistrate.

We must remember that it is a responsibility of a lawyer to try to win a case by anyhow by

applying laws, arguments, documents, pieces of evidence, depositions of witnesses, etc. Because
if a lawyer wins a case then he becomes popular and would get another case in the future also
and it is possible only with the effective client counselling between a lawyer and a client.

Q: So what exactly happens inside the chamber in Client Counseling?

3
A: Client counseling, as the name suggests, is all about making your client feel that you are as
concerned about his problem as he is. When the client enters your chamber, he talks about his
problem and lays bare all that he has gone through.

Since he is already aggrieved, the lawyer’s first step is to calm him down. Opt for
a conversational style while talking to or interrogating your client. Being too
professional might not be taken very well by both the client and the judges.

Once the client feels comfortable with you, start inquiring about his problem and try to
determine what remedy he seeks. Make him trust you. The confidence-building exercise will
get you bonus points.

Even though his problem might sound complicated, give him some ray of hope and assure him
that his problem will be solved and that you are willing to help him to the best of your abilities.

Once you’ve heard his side of the story, analyze the situation, apply the law in question and
come up with a solution which fits your client’s problem.

1. Adopt a normal conversational style of talking – be a human first and then a lawyer.

2. Be gradual in introducing the law to your client – don’t bombard him with your legal
knowledge.

3. Explain legal concepts to your client in simple layman language – excessive legal
jargon is to be avoided.

4. Be slow and steady – winning the client’s trust is the first key to a successful client
counseling session.

5. Never guarantee the effectiveness of a suggested solution – false promises are

dangerous and might disappoint the judges.

Q: What do the judges look for in a Client Counseling Competition?

A: The judges are observing and evaluating you on how well you are able to counsel your client
and offer him a practical solution to his problem. Judges are not there to test how well you
know the law but how well you can explain it to your client. So flaunting your legal know-how
is a big no.

4
The main essence of the competition is to promote a healthy lawyer-client relationship. Judges
also observe the comfort level which you’ve developed with the client and whether the client
would be willing to come back to you for further help.

Main criteria for judging:

1. Ability to explain the law in simple language.

2. Comfort level between the lawyer and client.

3. Satisfaction of the client – whether your solution or approach to his problem would
make him come to you again.

Q: In Client Counseling what are the problem areas faced by participants?

A: Your performance majorly depends on the client that you are provided. His responses and
reactions might make or break your show. Also, the client’s problem is another important factor.

Negotiating the fee with your client – has to be done very carefully keeping in mind his/her
occupation and financial status.

1. Be well-versed with the laws with which you’ll be dealing.

2. Have good knowledge of the remedy or the grievance redressal system under that law.
The client does not need your knowledge of law but instead needs a solution to his
problem. So if you are suggesting a remedy, make sure you have legal backing.

3. Never hint at anything which seems like champerty – it would be hara kiri if you ask
your client to share the monetary benefits which he might derive if he wins the case.
Do not strike ‘business’ deals. Be a lawyer with high ethics. Offer him pro bono
services if he does not seem to be in a very good financial position.

4. Promise only what you can deliver. Do not sound over confident or complacent. A
lawyer can never provide 100% guarantee with his solution.

5
Even though his problem might sound complicated, give him some ray of hope and assure
him that his problem will be solved” and “never guarantee the effectiveness of a suggested
solution – false promises are dangerous and might disappoint the judges” are mutually
contradictory.

A good lawyer lets the client talk, and when the client tries, asking questions that he needs
answers to so that he can give proper advice, ask for the documents and call it straight:
does the client have a case that is likely to succeed or not; if not, then what is the remedy
that the client is likely to get.

..

UNIT 5

CLIENT COUNSELING

Client counseling is an act or a process to guide a client especially by a trained and professional
person to solve his problems legally to which he is suffering from in different perspectives. In
client counseling, a professional gives legal advice to a person (client) in social or personnel
problems professionally. There are professionals who often keep their clients waiting for
counseling and lawyers are (unfortunately) one of them. Lawyers are problem solvers. A lawyer
uses his legal knowledge to solve the problems of a client legally by giving him legal advice. A
step by step process of client counseling may be as follows:

Welcoming the client in the chamber: The art of client counseling is the first step to
establishing a good career of a lawyer. In client counseling, it is very much necessary for a
lawyer to maintain a strong professional relationship with a client. The success of a lawyer in
helping his clients depends much on how effective he is in developing a strong professional
relationship with them. A Strong professional relationship is built on trust, comfort, and
effective communication skills. The first session of a lawyer with his clients must be sweet and
effective to attract them towards him in future also; because once a client gets satisfied with
the counselling of a lawyer he would come again to counsel and would give his reference to
others also. Here are some tips for the first step in client counselling:

Welcome with a friendly smile and greetings: A client gets mentally tensed because of the
problems he is facing so it is very much necessary for him to have a friendly talk with a client. A
friendly greeting and some sort of talk can help a client to talk with a lawyer frankly and to

6
present a problem clearly which he is suffering from. The friendly talk would include the
following:

Please be seated

Whether you have found difficulty to reach here?

Are you feeling comfortable?

Would you like to drink water?

A small introduction of the client.

The second step: After the welcome greetings, a lawyer should move to the reason of a client’s
visit to him. Here the following steps may be followed:

Ask the client to explain everything: the reasons for seeing a lawyer.

Make a file for each client and take note in bullet points.

Do not laugh or get irritated if the client shows his/her emotions.

Ask him whether he has finished his side of the case.

The third step: Legal analysis of the problem

The Lawyer has to analyze the client’s problem by applying the law at this stage.

Take the photocopies of the documents (if any) that he may have brought with him for
showing.

Tell him under which body of law his problem may fall: for example, if it is a property related
problem, tell him this is a civil suit; if it is a family problem especially between husband-wife,
tell him this is a family matter; if it is a case of physical or mental harassment or harm, tell him
this may be a criminal case.

While telling this, make sure that the client is not traumatized by thinking that ‘visit to the
lawyer may bring more problem for him now’.

The lawyer must be attentive. In the first session of counselling when a client tells the facts and
issues and the lawyer is not attentive it would break the whole communication between them
and it may be possible that he would miss the important points of facts. It would create a
negative impression on the mind of the client.

This stage may also need further questioning of the client depending on the documents that
the later provides. The more time he spends with a client the more clarity he and a client would
get about the case. And as the more clarity a lawyer would get, he will be able to move further

7
very efficiently and can solve the problem. The effectiveness of client counselling depends upon
his level of experience of his previous counselling.

The lawyer must also be cautious in dealing with male and female clients. Male clients may not
like to divulge crucial points to women lawyers and female clients may not like to divulge many
things to male lawyers. The lawyer must build the trust that as patients must tell everything to
doctors for effective treatment, clients must also tell everything to lawyers for effective
counselling.

The final stage is telling them the solutions: The clients must be made to realize that there is a
solution for every problem only when they cooperate with the lawyers.

The lawyer may give another date for an appointment for filing the vakalatnama or taking the
matter to the court. He may also ask the client to take some time to decide whether the later
would finally like to appoint him for court cases. But at this stage, the lawyer must not coerce
the later to appoint him. This stage is very important as this may be the crucial stage when a
client may finally decide to trust him for his life time.

A client counselling is not limited to only office interview only. A lawyer needs to guide a client
to each and every process of the case. He needs to state about the legal expenses at every
procedure for filing a case. He needs to guide him at court also. It may be possible that a client
is not educated so it is the duty of a lawyer to guide a client about the rules and regulations of
the court and how to maintain the decorum of the court. He needs to guide about the
procedure of filing a case in a court, how to behave before a judge in courtrooms, what and
how they have to answer to the questions of the judge and of an opposite lawyer in cross-
examination. He also needs to guide a client that he should not speak unnecessarily in a court
he should speak when he is permitted to speak and to maintain the decorum of the court. If a
lawyer is presenting a witness in the proceedings in the court then it is the duty of the lawyer to
guide him also that how to deposit statement before the magistrate.

We must remember that it is a responsibility of a lawyer to try to win a case by anyhow by

applying laws, arguments, documents, pieces of evidence, depositions of witnesses, etc.
Because if a lawyer wins a case then he becomes popular and would get another case in the
future also and it is possible only with the effective client counselling between a lawyer and a
client.