Attorney's Counsel to Client

An attorney's obligation to a client includes his or her duty to understand, counsel and solve the client's problems--not just the client's legal problems or the case. Interviewing and counseling are more than two simple steps in the "lawyering process." Whether the client is involved in a civil or criminal matter, the interviewing (the task of gathering information) and counseling (the task of formulating solutions) processes are the cornerstone of the attorney-client relationship.

Attorneys need to establish effective relationships with clients, learn how clients view their problems, goals and expectations and assist them in understanding to make informed choices. If an attorney does not have a good relationship with the client, the relationship will not enable a successful conclusion to the matter.

There are numerous theories, techniques and strategies utilized in interviewing and counseling. The appropriate ones have to be determined by the attorney in consideration of the client and the case. And while many of the techniques and strategies can be used in both criminal and civil matters, the extent of their use, the timeliness of their use and their success, again, depends upon the circumstances and people involved.

One of the best and most thorough definitions of interviewing was coined by Bender and Price: "Interviewing is attorney interaction with a client for the purpose of identifying the client's problem, and for the purpose of gathering i

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y implies that the attorney has heard or understood. In contrast, active listening utilizes reflective statements--ones which mirror back the essence of what has been said. These reflective statements constitute an explicit form of expressing and demonstrates the attorney's comprehension. Active listening enables an attorney to understand vaguely expressed feelings, unstated feelings, non-verbal expressions of feelings, clearly articulated feelings, non-empathetic responses. The goal of active listening is to provide non-judgmental understanding which stimulates full client participation, to help the client feel free to discuss and reflect in a comfortable and open manner. Each case and client will be different. Some will need more active listening employed, while others will develop a rapport quickly with the attorney and not need much coaxing or assistance to achieve full disclosure. The attorney should show concern, but clients should not be made to feel embarrassed about what they are saying or emotions they are showing. Criminal matters especially can be very stressful and oftentimes clients show stress in their interview with the attorney. While an attorney should listen, he or she should also ask questions when

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