BPP University College Of Professional Studies Limited (BPP)
LPC Interviewing and Advising Notes with Example scripts to help you in your preparation for the exam.
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BPP University College Of Professional Studies Limited (BPP)
BPP University College Of Professional Studies Limited
Interviewing And Advising
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PART I. Also consider your client’s cultural and ethnic background. – eg.
Japanese people don’t usually shake hands but bow for each other. You
REQUIREMENTS will not know the client’s ethnic origin when you first meet them, but if
you see them not accepting your handshake and bowing instead, you
need to respect that, bow yourself and continue with the interview.
INTRODUCTION:
However, do not assume that your client understands your advice
Two elements: simply because he is nodding. If you are ever unsure that your client has
• Interviewing: information gathering. It includes interpersonal understood your question or advice, ask them.
skills, professionalism and commercial awareness.
Manner & Tone:
Professionalism:
1. Act within the rules of professional conduct Be professional at all times in dealing with the client. Remain
2. Display competence so that client feels confident in measured and distanced from your client so that you can present your
your ability advice in a fair and objective way.
3. Give a good service and positive impression so that the
client will recommend you and instruct you again. Empathise with your client but avoid being over-sympathetic. If a
client is distressed, communicate that you are sympathetic to their
• Advising: requires legal knowledge and knowledge of how to position. However, do not be inappropriate. – eg. You can show
achieve the client’s desired outcome. empathy by nodding your head, keeping eye contact or mirroring your
client’s body language but do not put your arm around the client.
Interviews should involve:
1. Establishing what your client’s objective is Retain control of the interview. If the client loses focus, take a firmer
2. Establishing what info is needed to achieve client’s objective tone in order to deal with any outstanding issues.
3. Giving the client the info needed to achieve their objective
4. Establishing rapport with your client Impression and commercial awareness:
5. Establishing any limitations (financial/time)
6. Reaching an agreed position to achieve client’s objectives When acting for business clients, you must demonstrate:
- Professionalism and politeness
Assessment: - Confidence, resilience, assertiveness and self-awareness
The assessment will be an oral assessment where you will be required - Commercial awareness: appreciate the environment in which
to advise a client and come up with suitable advice on the spot. their business operates. You must assist the client in achieving
their business objectives by appreciating issues beyond mere
Prior to your assessment, you will receive a legal note to guide you on legal services.
which topic the interview will relate to. Once you received it, you should
copy your notes from that topic to these notes to ensure you have it
before the exam.
Commercial awareness in relation to property transactions:
Keep Part I and Part II of these notes to review before your exam and * Local knowledge of the property market
use Part III to re-write your script depending on the topic you received. * Contacts in the building profession, architects, surveyors
Make sure that you learn your script and that you are familiar with your * Experience and knowledge of dealing with the local
topic before your exam. authority in relation to planning issues.
INTERPERSONAL SKILLS: Commercial awareness in relation to business/company issues:
* General knowledge of the industry
You must use the interview to gain the trust of your client: * Knowledge of current events that may affect the
1. Your client should feel that you are committed to their case. profitability of local companies
2. The impression that you give to your client – eg. by appearing * Knowledge of company strategies, and whether certain
unprepared or nervous will taint any information you extract, transactions would likely be profitable
and advice that you give. * Company reputation and the importance of keeping
3. Your tone should vary based on the client and what the matter confidential information a secret
is regarding. * Understand of the effect of legal steps on future
shareholding and the likelihood of the company receiving
Adapt your tone to the client and matter: loans if required.
Some matters are more personal to a client than others. – eg. a PREPARING FOR A CLIENT INTERVIEW:
business client will be more detached than a client wanting a divorce.
In the more ‘personal’ matters, do not get emotional but at the same Establish why the client is attending:
time show that you understand the client’s emotional reaction.
Ask the receptionist/secretary who made the appointment as to the
More personal matters Less personal matters reason for the meeting. Not knowing the reason for the meeting will
not look professional.
• Parties to a divorce • Company directors seeking advice
• Family law matters related to the company Establish all you can about the client:
• Sole traders seeking business • Company directors seeking
advice litigation advice
• Business partners seeking advice Is the client an existing client of the firm?
in relation to the partnership
If the client is a new client:
Interaction: Consider professional conduct issues such as conflict checks, money
laundering checks etc. The new client will be asked to bring a means of
Verbal communication: identity with them to the meeting.
Do not use language that clients cannot understand as this will
alienate the client. Use different language depending on your client. – If the client is an existing client:
Eg. if you are advising an experienced company director, you should use Check with other fee earners to see if they can inform you about
different language to that used when dealing with a juvenile client in a the client.
criminal matter. Are there any matters of the client on file? Have a look at
previous files for background information about the client. The
Speak in plain English and avoid using legal jargon/legal terminology. client will be impressed if you are aware of some of their details
If you do have to use it, explain its meaning. Avoid using extravagant – eg “are you still at 91 Croxley Gardens?”, rather than “what is
language and communicating in a condescending or patronising way. your address please?
Paralinguistics: Using checklists of potential questions:
It is not all about what you say, but also about how you say it. Pay
attention to your intonation, emphasis, changes of pitch, rhythm An interviewer will have some idea of the type of problem that the
and stress. Paralinguistics affect the message being conveyed. meeting will be about but will not be fully aware of the precise problem.
Non-verbal communication: Have a checklist of general questions to ensure that you cover the
Be aware of how you present yourself to your client non-verbally. anticipated ground. However, do not stick to your questions rigidly, you
Consider the impact of your body language on your client. – eg. if you must listen to your client and change your questions accordingly.
appear unprofessional by slouching with your head in your hands or
pacing around, you will not instil confidence in your client.
Interviewing and Advising – Notes and Scripts | Page 1 of 8
, The setting for the meeting: Questioning:
Will you be seeing the client in your office or does your firm have Fact gathering:
meeting rooms? If the latter, ensure that you have booked the room in
advance. If you share an office, look to see if there is a room where you Aim to:
can go so there is some privacy. 1. Identify the areas with missing information
2. Be thorough enough to avoid further questions occurring to you
Client’s expectations about the interview: too late, eg. when you are already advising
It will be conducted in private. 3. Avoid irrelevant questions.
It will be conducted without interruption by other people or
telephones. If you are expecting an urgent call, you should warn Techniques:
your client. 1. Use your notes and the client’s concerns to focus on the areas
There will be enough time to discuss the matter without the in issue.
room becoming unavailable after a time; 2. Go through events chronologically. Any gaps in the story should
The client will have the solicitor’s full attention become apparent and should prompt you to ask questions.
The client will be able to sit in reasonable comfort with 3. Ensure you have all the necessary information to be able to
adequate heat/light advise on the law contained in the Legal Note.
The client will not be kept waiting.
Types of questions:
Be punctual:
Open questions:
Normally, a receptionist will inform you that a client has arrived. If you Questions which require the client to explain something.
know that there will be a delay, let the receptionist know and apologise.
Closed questions:
Closed questions invite a short, focused answer.
INTERVIEWING AND ADVISING GUIDE:
Types of closed questions:
The Advising Guide provides a structure for the interview that you Limited choice of answer – eg. Did you come here on public
should follow and the main points have been set out below. A copy of transport?
the Guide will be available for you during your assessment. Choice to be made from a list – eg. Do you want to litigate, settle
or take no further action?
Mark allocation: Identifying some specific information. – eg. What was the name
1. Introduction – 4 marks of the company?
2. Client’s overview – 8 marks
3. Questioning – 30 marks *Key part* Funnelling:
4. Advising – 37 marks *Most important part* You can use questioning to funnel the respondent’s answers – that is
5. Conclusion – 4 marks ask a series of questions that become more restrictive at each step,
6. Presentation – 17 marks starting with open questions and ending with closed questions.
Introduction: Example:
Open question: How did you come to join the partnership?
Explain structure of the interview to your client: Getting details: How was your joining of the partnership recorded?
Introduce yourself, then summarise how the interview will go. Closed question: You signed the partnership agreement on 1st May
Regarding preliminary costs, you may say that this first interview will be 2022?
free, or will be subject to a fixed fee of, say, £100 plus VAT.
Questions you might ask:
Obtain the client’s details:
Ask them for their name, address, contact phone number and email. Think about other information that might be useful.
Ask client to explain the problem Examples:
1. Client’s occupation (for costs advice)
Confirm your understanding: 2. Other party’s details (will probably need to write to them at
Check that you have understood the problem before you proceed. some point)
3. Witnesses and their details (will need to gather evidence)
Client’s overview: 4. Chronology (need to know what happened and in what order)
5. Documents/evidence (will need to see any written contract,
Encourage client to tell the full story: letters, the lease etc)
Avoid detailed questions at this stage and only use questions if 6. Financial loss (breach of contract, breach of terms of lease)
necessary to encourage the client to continue telling their story.
You may need to explain to your client why you need to know certain
Client interaction: information. – eg. Some clients may not wish to divulge their full
1. Whilst taking notes, try to maintain engagement with the client financial circumstances.
by nodding and looking up from writing.
2. If your client is distressed, be empathetic and slow down the Summarising:
pace and soften your voice.
Summarise your client’s key concerns:
Note taking: 1. Check your understanding.
This should is your key activity while you listen to your client’s story. 2. Allow the client to correct you if you have made a mistake or
misheard what they said.
Practice active listening: 3. Make sure you are still clear about the client’s objectives.
1. Not interrupting the client. 4. Buy thinking time if you need it.
2. Not taking over the narrative from your client.
3. Taking notes so that you do not have to ask the client to repeat Asking for documents:
themselves later on in the interview. Find the subject matter of the legal problem. This may be a
4. Noting down questions to ask after the overview. contract or litigation documents.
Once you have the document, read through it and see if any
Taking notes is also a non-verbal indicator to your client that you are other documents come up in the first document and if so, ask
taking on board their points. Some clients may consider that your note- for that document. – eg. by referring to another document
taking is intrusive so explain at the outset that you may need to take Always ask for any relevant correspondence documents.
notes to retain an accurate record of the meeting. If the client is a company, always ask for the company’s articles,
Memorandum and details of its directors.
Checking your understanding:
Double check the client’s concerns at this stage. Advising:
Avoid asking the client further questions here, but it is still better to ask
a questions that you forgot to ask but it is essential to the advice.
You must:
1. Answer all legal issues you have spotted while taking notes
2. Encourage client to make decision (make a recommendation).
Interviewing and Advising – Notes and Scripts | Page 2 of 8
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