attorney interview to determine who the client is in an organization

by Marcelo Kozey 4 min read

Attorneys conduct initial interviews with their clients to gather information and help them define their expectations. They also use their expertise to help prospective clients evaluate their options and make informed decisions. Remember that your clients see you as a problem solver.

Full Answer

How do you interview a client for a lawyer?

 · Ethics rules offer a deceptively simple answer to the question of who the client really is when a lawyer represents a corporation. Rule 1.13 of the ABA Model Rules of Pro­fessional Conduct, for...

Who is the client when a lawyer representes a corporation?

 · How Attorneys Conduct a Client Interview. Interviewing a client is the first step in judging whether a good attorney-client relationship is …

What do potential clients look for in a lawyer?

 · This is a 360° interview — the lawyer and the client are evaluating each another. The client is deciding not only whether to retain the lawyer, but more importantly, whether he trusts the lawyer. Ultimately, will the client accept the lawyer’s advice? The lawyer must not forget obvious etiquette.

How to ask the right questions in a client interview?

When a lawyer is working with an organization, the analysis as to the identity of the client may be further complicated by such factors as the working relationship and the ownership and structure of the organization. When a lawyer is retained by an organization, Rule 1.13 (Organization as Client) mandates that the lawyer “conform his or her representation to the concept that the …

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What is a client intake interview?

intake interview the initial interview with a client by a therapist or counselor to obtain both information regarding the issues or problems that have brought the client into therapy or counseling and preliminary information regarding personal and family history.

How do you interview a client?

Follow these tips for interviewing in a client-centric way:Make the client feel comfortable. ... Observe non-verbal communication. ... Listen, listen, listen during your initial consultation. ... Integrate with your practice management software. ... Track potential clients by their stage in the client intake process.More items...•

What information should be gathered in the initial client interview?

GATHERING INFORMATION Information to be gathered on every client and potential client includes everything needed to contact the client. The interviewing attorney should obtain not only the name and address of the client, but also place of employment, home, office, and cell phone numbers, e-mail address, and fax access.

What are lawyer interview questions?

Lawyer Interview QuestionsTell me about a situation where you failed. ... Describe an ethical situation that you had to deal with. ... What would you do if you were assigned a case that you were morally opposed to? ... Tell me about a time when you went above and beyond the call of duty.More items...

What are the possible questions for a client interview?

Potential Client Interview Questions to AskBefore we started working together, what were you trying to do? ... What did you want? ... What are your expectations? ... What was your fear? ... How did the other people involved in the decision all feel about this? ... What is your overall budget and projected starting date of the project?More items...

What are 10 most common interview questions and answers?

top 10 most common interview questions and answersTell me about yourself.What is your greatest strength?What is your greatest weakness?Why should we hire you?What's something positive your boss would say about you?What are your salary expectations?Why are you leaving your current role?More items...•

What are some questions an attorney might ask a new client?

What Questions do Lawyers Ask Their Clients?What is your case about? A lawyer will want to know every single detail of your case. ... What do you hope to accomplish? ... How do you want us to communicate? ... Why did you choose me? ... Are you comfortable with my rates?

When conducting an initial client interview What are some ways in which you can establish a connection with a client to better do your job of gathering all the facts?

Begin by introducing yourself and shaking hands, then engage in a bit of small talk. Use this opportunity to get to know your client and let her know that she can trust you. Trust building is vital at this early stage, so explain that whatever the two of you discuss will be strictly confidential.

What techniques should advocate used while interviewing with clients?

5 Communication Techniques for Client InterviewsCommunication Technique 1 – Know the True Question. ... Communication Technique 2- Listen Beyond the Words. ... Communication Technique 3 – Adapt as Required. ... Communication Technique 4 – Silence is Golden. ... Communication Technique 5 – Don't Try Write Everything Down.More items...

What are common behavioral interview questions?

What's a Behavioral Interview Question?Give us an example of a goal you failed to meet, and how you handled the situation.Tell us about a time when you solved a problem at your job that wasn't part of your job description.Tell us of a time when you took a risky decision and it didn't pay off.

How do I prepare for a legal interview?

As a guide you should be thoroughly prepared to speak at length about:» Your current role.» Your legal skills.» Your actual legal experience.» The areas of law relevant to the employer.» The market relevant to the employer.» Why you are leaving your current employer or left past employers.» Anything written on your CV.More items...

How do I interview a legal counsel?

8 ways to prepare for a legal job interviewHighlight your successes. ... Be knowledgeable about what you've done. ... Frame your experience for the role. ... Know what's going on. ... Sell your soft skills. ... Prepare your questions — and your answers. ... Dress to impress. ... Relax and be yourself.

Why is it important to interview a client?

Interviewing a client is the first step in judging whether a good attorney-client relationship is likely. It reveals whether the parties have the same expectations for representation and whether they are capable of sharing open, honest communications.

How to resolve a legal issue?

Determine if you can adequately resolve the person's legal issue. Decide through observation and questioning whether the two of you would work well together. Jointly decide if your expectations about results, fees, time and commitment are the same.

Should a client give a lawyer all the facts?

The client should give the lawyer all the facts about his legal matter during the interview. As the lawyer, you should determine whether your expertise can be useful based on those facts, and directly disclose your analysis of the circumstances.

How to conduct a client interview?

If you want to perfect your process, the key is to prepare with the right lawyer-client interview questions—and truly listen to their answers. By asking questions at the start, you’ll get a better idea of what your client expects from you (whether you move forward or not). This way, your potential client will start their journey with your firm feeling heard, which is key to a great client-centered experience. Will you be hiring at your firm? Here are some examples of law firm questions for interview subjects.

Why is client interview important?

The client interview is part of your overall client intake process, so it’s important to track it for efficiency and ensure that no potential clients get missed. If you’re using online client intake software, you can easily track and see a potential client’s status in stages (for example, “needs a follow up”).

How to conduct a conflict check?

Conduct a thoughtful pre-screen and conflict check 1 Pre-screen: Before you book the interview, have a set pre-screening process. Ask for basic information (for example, via an intake questionnaire) to help you decide if the client may (or may not) be a fit for your firm. You can make this process simpler for the client by using an online intake forms tool, like Clio Grow. 2 Conflict check: You’ll also want to do a conflict check before proceeding to ensure there are no conflicts of interest or other reasons that will prevent you from working with someone. Here again, an online intake tool can make this easier for you and the client. Clio Grow, for example, can be part of a robust conflict check process.

What to do after reviewing client file?

Once you’ve reviewed the client’s file, prepare your questions for the client, and take some time to anticipate questions that the client may have for you. We’ll discuss more on what answers (for clients) lawyers should prep for before the interview below.

What should be the first step in a client interview?

Review the client’s file. The initial client interview should be for asking questions, not for learning basic client details. Before the interview, ask for any relevant information and documents so you can review them in advance.

How to put client experience first?

To put the client’s experience first, you need to know why the client is pursuing a matter, how serious they are about taking it on, and how they feel about it. Let them share their reasons and feelings about the case.

What to do when asking lawyer interview questions?

The best thing you can do when asking your lawyer-client interview questions during your initial consultation is just listen. This is the time when the client should be doing most of the talking. Follow client communication best practices and try to avoid cutting them off or filling in pauses.

How does a lawyer identify who is a client?

So how does a lawyer properly identify who is (or was) a client of the lawyer? In most instances, this is a relatively simple inquiry: the lawyer and client enter into a retention agreement that evidences an attorney-client relationship for a specific matter. xi But sometimes it is not entirely clear whether an attorney-client relationship has been established. And, even if an attorney-client relationship has been established, it may not be entirely clear who is the client.

When a lawyer is associated with a law firm, is a client of any lawyer in the law firm considered

When a lawyer is associated with a law firm, a client of any lawyer in the law firm is generally considered, from a practical perspective, to be a client of all of the lawyers in the law firm, at least with respect to conflicts of interest. In accordance with Rule 1.10 (Imputation of Conflicts of Interest: General Rule): “While lawyers are ...

What are the duties of a lawyer in California?

Lawyers owe fiduciary duties to their clients, i including the duties of loyalty and confidentiality , which the California Supreme Court considers to be the most fundamental qualities of the attorney-client relationship. ii These duties to the client are embodied in the California Rules of Professional Conduct (the “Rules”), most notably in Rule 1.6 (Confidential Information of a Client) and Rule 1.7 (Conflict of Interest: Current Clients).

What is a client in the law?

The term “client” is defined in Evidence Code § 951 as “a person who, directly or through an authorized representative, consults a lawyer for the purpose of retaining the lawyer or securing legal service or advice from him in his professional capacity.”. vi Italics added.

What is the role of a lawyer in an organization?

When a lawyer is retained by an organization, Rule 1.13 (Organization as Client) mandates that the lawyer “conform his or her representation to the concept that the client is the organization itself, acting through its duly authorized […] constituents overseeing the particular engagement.” Further, when dealing with such constituents, the lawyer must “explain the identity of the lawyer’s client whenever the lawyer knows or reasonably should know that the organization’s interests are adverse to those of the constituent (s) with whom the lawyer is dealing.” xvii But even when the lawyer has an attorney-client relationship with an organization, the lawyer may also have an attorney-client relationship with any of its constituents (subject to the Rules pertaining to conflicts of interest). xviii

What is the conflict of interest rule pertaining to former clients?

Similarly, the conflict of interest rule pertaining to former clients, Rule 1.9 (Duties to Former Clients), requires that a lawyer be able to identify who is a former client of the lawyer: “A lawyer who has formerly represented a client in a matter shall not thereafter represent another person in the same or a substantially related matter in which that person’s interests are materially adverse to the interests of the former client unless the former client gives informed written consent.” viii

When a lawyer is retained by an organization, what is Rule 1.13?

When a lawyer is retained by an organization, Rule 1.13 (Organization as Client) mandates that the lawyer “conform his or her representation to the concept that the client is the organization itself , acting through its duly authorized ] constituents overseeing the particular engagement.”.

What is the question "Overview"?

Question Overview: This is a very common question and one that you should be prepared for. You want to find out what the candidate considers to be his/her strengths and weaknesses. The candidate may have a different view of his/her strengths and weaknesses than you do.

Is the legal profession changing?

Question Overview: The legal profession is changing. There are many new technologies that are changing the way that legal services are delivered. You will want to know what the candidate thinks about the future of the industry and how he/she will fit into it.

Is it uncommon for a client to be unhappy with the outcome of a case?

Question Overview: Clients are not always happy with the outcome of their case. In fact, it is not uncommon for a client to be unhappy with the outcome of a case. It is important that you find out how an attorney handles these situations.

Why is it important to control the initial client interview from the beginning?

It is important to control the initial client interview from the beginning and avoid letting the client wander into irrelevant matters that could waste a lot of time. Interrupting the client could keep the client from telling the story.

How to address the client's initial need to tell their story?

It is a reflection of their personal style and the subject matter of their practice. There is no right method here, although there are some wrong ones, such as the lawyer doing most of the talking, using lots of unexplained legal jargon and allowing little or no time for follow-up questions by the potential client.

What to do after pause in opening statement?

After the client has paused in his or her “opening statement,” the lawyer now has the opportunity to ask for clarification and details. Good note-taking is an important aspect of the interview, as is completing the information on the in-house forms that your office uses for initial interviews.

How to communicate with clients?

Be alert for non-verbal cues – Observing your client’s posture, tone and expression may help your initial communication process.

What is the transition to the interview?

Transition to the interview by explaining the dual purpose of the interview; gathering information and providing information.

Should attorney fees be discussed?

Attorney fees should always be discussed at some point during the initial client interview. Everyone is concerned about the expense of purchases, whether goods or services. You should never assume that a client knows what an attorney fee should be or does not care about the amount of the fees. Get a retainer fee.

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Before The Lawyer-Client Interview

  • Conduct a thoughtful pre-screen and conflict check
    As our guide to client intake for law firms explains, an important part of an effective client intake processis to take steps to ensure that a potential client is a good fit before moving forward. Not every legal issue will be a good fit for you, your practice area, workload, and firm size. But that’s …
  • Review the client’s file
    The initial client interview should be for asking questions, not for learning basic client details. Before the interview, ask for any relevant information and documents so you can review them in advance.
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What Lawyer-Client Interview Questions Should You Ask Potential Clients?

  • While the exact questions you’ll ask should be customized to each potential client’s specific situation, these lawyer-client interview questions are a good starting point:
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What Answers to Client Questions Should Lawyers Prepare for?

  • The meeting isn’t just about you interviewing a potential client—the client will have questions for you, too. Being prepared for the common questions that clients have is key. Here are four common questions you should prepare to answer:
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Conducting The Lawyer-Client Interview

  • If you want to nail your initial consultation, it’s about more than just what attorney-client interview questions you ask. Follow these tips for interviewing in a client-centric way:
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Conclusion

  • Conducting a great client interview is critical to an effective client intake process. It’s also an important part of providing a client-centered experience. If you want to perfect your process, the key is to prepare with the right lawyer-client interview questions—and truly listen to their answers. By asking questions at the start, you’ll get a better idea of what your client expects from you (wh…
See more on clio.com