Key Points from Class
Friday August 28, 2009
What was I supposed to get out of that interviewing exercise?
Be able to explain the relevance of good interviewing and counseling skills to fundamental duties of the attorney:
· Rule 1.1 Competence means getting the story
· Rule 1.2 Client-centered representation requires a relationship
· Rule 1.4 Communication is required
· Rule 1.5; 1.6; 1.7 Some required communication in every first interview (fees, confidentiality, conflicts)
Know what the critical errors are that attorneys make in interviewing:
· Assuming they know the story
· Interrogating rather than interviewing
· Failing to listen carefully
· Ignoring the client’s feelings
· Making the client feel stupid
Understand the discretion built into the admission process
· When criteria for character and fitness are even less well defined than Rule 8.4 standards for misconduct
· When applicants have the burden of proof
·
When federal protections (whether constitutional
or statutory, such as the