PA 203 Unit 4

Getting to Know your Client

Why get to know your client?

Reasons we need to know our clients

1. build trust and confidence

2. understand their background

3. keep lines of communication open

Reasons we need to know our clients

4. the only way to effectively represent them

5. You may be representing them for a long period of time

6. ethical rules require it

7. it could save their life

ER 1.4ER 1.4. Communication

(a) A lawyer shall:

(1) promptly inform the client of any decision or circumstance with respect to which the client's informed consent, as defined in ER 1.0(e), is required by these Rules;

(2) reasonably consult with the client about the means by which the client's objectives are to be accomplished;

ER 1.4 contd

(3) keep the client reasonably informed about the status of the matter;

(4) promptly comply with reasonable requests for information; and

ER 1.4 contd

(5) consult with the client about any relevant limitation on the lawyer's conduct when the lawyer knows that the client expects assistance not permitted by the Rules of Professional Conduct or other law.

ER 1.4 contd

(b) A lawyer shall explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation.

(c) In a criminal case, a lawyer shall promptly inform a client of all proffered plea agreements.

ER 1.14 ER 1.14. Client with Diminished

Capacity

(a) When a client's capacity to make adequately considered decisions in connection with the representation is diminished, whether because of minority, mental impairment or for some other reason, the lawyer shall, as far as reasonably possible, maintain a normal client-lawyer relationship with the client.

PA203 Unit 4

How do we maintain a normal client relationship with a client who is difficult or impaired?

The difficult client

Ideas

1. sometimes it takes a great deal of time to build relationship-be patient

2. listen to your client’s concerns 3. find out what their “hot buttons”

are 4. be honest with them 5. be their friend

Getting to know your client

Remember this attorney-client relationship?

How to know your client

Is this a business or a marketing campaign? WHY do we have to worry about keeping clients happy? Don't they need us? Aren’t we the educated ones with the service to provide them?

Look at the client’s side of it

What factors make clients uneasy about coming to a lawyer? If we understand what makes them uneasy, then can we make them feel more at ease by addressing those issues first.

How to help your client

How can the paralegal help clients feel more comfortable? How can the paralegal help clients feel like they picked the right lawyer?

How to get to know your client

How can the paralegal help clients follow up with the attorney?

How to get to know your client

How can the paralegal convey to the client (who doesn’t know what a paralegal is) his or her role in the client’s case? Paralegal is in a unique position to have a relationship with the client

Let me hear from those of you that are already paralegals

Checklist

Childhood Employment Education Relationships Criminal history What have they done lately?

Questionnaires and Releases

You can develop different questionnaires that you can have your client fill out for information as well as release forms to get info from service providers. It gives them something to do and can go a long way in establishing a relationship as well as provide mitigation info in a criminal case

Just talk to them…we are all social workers

1. GO VISIT THEM/have them come to the office as soon as you can

2. look them in the eye

3. visit as much as you can stand

4. talk to family if constructive

5. be creative if necessary

The really difficult client

Look at THEIR barriers to getting to know you, eg, “issues” with men (or women), problems with authority, etc. Chapter discusses “fear factor”.

Instead of getting frustrated with their behavior, bring in a colleague, or mitigation specialist, or investigator, or paralegal – see if the issue is  the lawyer, or an age problem or gender…

The Human Touch

This is “touchy” - if they’re not too ooky – shake hands, pat them on shoulder, etc.  In this age of viruses and disgusting bacteria this can be hard, but carry hand sanitizer with you and wash your hands as soon as possible after.  I find that, especially with the handshake, it conveys a human dignity/respect vibe that can sometimes break down a communication/trust barrier

Does it make a difference?

Jeffrey Landrigan Executed by the state of Arizona on

October 26, 2010 for a murder committed during a robbery. Cheryl Hendrix, the judge who sentenced him to death, later told a clemency board that she would have given him a lesser sentence had she been aware of the brain damage caused by his mother's heavy drinking while pregnant and his turbulent childhood.

When you’re completely stuck…

What if client won’t discuss plea/settlement?

What if client won’t cooperate in mitigation/information gathering?

Put yourself in the client’s shoes…

Next week – Unit 5 Midterm

No seminar No discussion board Midterm Essay Exam

Midterm Exam Essay The Midterm Essay Exam will consist of 4

questions. Provide a detailed response and analysis of

the question presented, consisting of no fewer than three typed, double-spaced pages, with proper citations and references to appropriate authorities . Please refer, cite and apply the applicable ethical model rules, rules of procedure, rules of evidence, and/or federal, state or local laws when providing an analysis of the question presented.

Essay Question 1

1. What types of evidence may a judge or jury consider in deciding a case? Describe and give examples of each type of evidence. Also describe ways in which a paralegal should obtain evidence and get it admitted into court. How is evidence admitted into court? Who has the authority to admit it?

Essay Question 2 2. The purpose of interviewing a client

or witness is to gather information. What reasons are there for gathering information? Can the information gathered be used for more than one purpose? If so, what steps should be taken to gather relevant evidence? Give examples of ways you can collect relevant evidence.

Essay Question 3 3. Part I of II: You have two new clients coming in this

afternoon for a meeting. The first is the CEO of a nearby bank. He will be discussing a car accident that occurred recently. His Mercedes was totaled, and he was injured in the accident. He has already undergone several back surgeries. What steps are you going to take to prepare for the interview and make the client feel at ease in the office?

Part II of II: The second client is a member of a local motorcycle club. He was involved in a car accident as well. He was driving down the road at dusk, and a woman driving an SUV pulled out of a grocery store parking lot and hit him, knocking him off his bike. He suffered a broken leg. He is the owner of a motorcycle repair business, but is losing a lot of time at work because of his injury. What steps will you take to prepare responses to the legal issues that may arise?

Essay Question 4 Part I of II: You are going to have some clients in the office

this afternoon who witnessed the accidents described in Question 3. The first witness is an elderly woman who was right behind the motorcyclist when the accident happened. What special circumstances might you expect to consider when interviewing her? There were two boys, ages 11 and 12, riding bicycles in the parking lot of the grocery store when the accident happened. They both gave their names to the police officer saying that they saw the woman hit the motorcyclist. What special circumstances might you expect to consider in interviewing the boys? Now assume the boys are 15 and 16. Is there a difference(s) in how you will handle the interview? Explain.

Essay Question 4 Part II of II: A woman was driving a bus down Main

Street. The two passengers on the bus were handicapped people, who were going to work at the local Salvation Army. The three of them witnessed a semi truck make an illegal left turn, hitting a gray Mercedes Benz in the process. The police report took statements from all three people, but it appears that there may be some dispute among the three as to exactly how the accident happened. The two employees from the Salvation Army seem to disagree with the driver of the bus. What questions do you have for all three witnesses? Should you interview them all together or one at a time? Why?

Have a great week!

See you two weeks from tonight!