Interviewing clients and

witnesses
Presented by Ms. Mntwelizwe
Introduction

INTERVIEWING IS ONE THE INTERVIEW DOES IT IS USUALLY REFERRED THE PURPOSE OF TO ELICIT ALL THE DETERMINE WHETHER
OF THE MOST NOT NECESSARILY TAKE TO AS A CONSULTATION INTERVIEWING A RELEVANT YOUR CLIENT HAS A
FUNDAMENTAL SKILLS PLACE IN A FORMAL OR A CONFERENCE. CLIENT: INFORMATION FROM VALID CLAIM OR
REQUIRED BY A LEGAL SETTING; IT MAY BE YOUR CLIENT AND FROM DEFENCE.
PRACTITIONER. CONDUCTED POTENTIAL WITNESSES.
TELEPHONICALLY, AND IT THIS IS DONE THROUGH
MAY BE CONDUCTED ASKING QUESTIONS
AWAY FROM THE LEGAL
PRACTITIONER’S OFFICE.

TO ENSURE THAT THE

INFORMATION YOU
HAVE GATHERED IS
ADMISSIBLE, RELIABLE
AND SUFFICIENT.
 To elicit the relevant facts

To clarify the client’s objectives

Objective
s of To explain the law and procedure to the client

conducti
ng an To advise the client on the available options

interview
Counsel the client

To take instructions on the future conduct of the

matter.
 There are Initial meeting and exchange of
seven (7)
stages that
pleasantries

The needs to
be
Initial problem and goal identification

structure completed
before an
interview Dealing with preliminary matters
of an is
concluded:
interview Establishing the facts in chronological
order
with a Developing a preliminary theory of the
case
new Giving preliminary advice
client
Concluding the interview
 Meet the client in the
reception area and do so Do not keep her waiting
promptly.

Initial
meeting
and
Show them that you care
Do not wait behind your
by going to the reception
desk for your secretary to
area and meeting her/him
bring her to you.

exchange
there.

of
pleasantri Introduce yourself Make small talk

es
Strike up a conversation
with the client at the
earliest opportunity and
maintain that until you are
both seated comfortably in
your office.
Initial problem and goal identification

During this stage you identify the areas of law that might be relevant.

This initial identification of a relevant area of law has to be flexible

This is usually identified when the client was booking for an appointment. Even though you have not yet heard
what the client has to say it help you as a legal practitioner to have an initial view of the law involved because it
helps you to elicit the information that is relevant to a potential solution provided by that branch of the law.

For each legal problem you are required to establish the legal principles involved as well as the relevant facts
before you can give advice or to partner your firm who specialises in a different branch of the law.
Dealing with preliminary
matters

The most • Potential conflict of interest among

important clients of the firm or some other
situation where the legal practitioner’s
preliminary objectivity may be compromised.
matter to • Fees, confidentiality, taking possession
of the client’s documents and even
identify are taking notes during the interview.
as follows:
Establishing the facts in chronological
order

Cases are decided on the facts. Even if a point of law is important, it has to be decided against the background of the facts
of the case.

It is important for a legal practitioner to find and present the facts that are favourable to the client.

In order to perform this function properly, a legal practitioner needs to be a relentless ever seeking the facts.

The facts are required in the context of the client’s problems and their possible solutions.

It is therefore important to explain to the client that it is essential to have the full history of the matter for a complete
understanding of her rights and possible options. (Full details of the client together with the children, spouse etc)
 • Your theory of the case answers
questions such as what is the central
question to be answered? What is my
Initial fact position on the central issue before
analysis and the court? How can I justify or explain
my position on the issue? What
developing a evidence do I need? Who am I going
to call as a witness to prove my case?
preliminary How am I going to approach my
theory of the opponent’s witnesses? What
argument am I going to advance at the
case trial.
 At this stage, the
client is entitled to
and will want some
preliminary advice.
The client probably
wants to know the
following:

What claims does she

What should she do?
have?

Giving
prelimina
ry advice
How strong is her How long will it take
case? to finalise them?

Is there anything that

can be done to speed
up payment of the
How much will it cost
proceeds of the
her/him?
insurance policies or
the medical and
hospital accounts?
Concluding the interview

The interview should not be

terminated before all of the
client’s concerns have been fully
The following matters must be
explored and a clear Your authority to act The extent of your authority
clarified before the client leaves:
understanding about further
conduct of the matter has been
reached.

Any arrangement with regard to When the client will receive When and where the client may
fees feedback from you contact you
 IF THE INTERVIEW HAS BEEN -A RAPPORT WILL HAVE BEEN -A PROFESSIONAL RELATIONSHIP -THE MAIN QUESTIONS THE CLIENT
SUCCESSFUL THE FOLLOWING STRUCK WITH THE CLIENT WILL HAVE BEEN ESTABLISHED HAD WHEN SHE/HE CAME TO SEE
MUST BE ACHIEVED: BETWEEN THE LEGAL YOU (WHAT CAN I DO?, WHAT
PRACTITIONER AND THE CLIENT SHOULD I DO? ) WILL HAVE BEEN
ANSWERED.
 End of
lecture
Thank you!!!
one!!!