Alternative Dispute Resolution: Client Interviewing and Counseling

Chapters include: The impact of the fact-gathering process on cost/benefit analysis in litigation; Navigating litigation: guiding clients through the legal process; A client's guide to the litigation process; Client strategies for controlling costs in commercial litigation; The foundation of litigation: establishing solid client bonds; Preparing a client for litigation in today's electronic world; A proactive approach to commercial litigation client strategies; Breaking down the barriers: moving from litigation to resolution; and Harmonizing litigation strategies with a client's business goals.

Effectively communicating with clients is a challenge every lawyer must meet. When the attorney must deliver unpleasant news, that challenge is made even more difficult. Client Science offers a wealth of advice on how attorneys can sensitively but efficiently inform their clients of the facts and choices they face.

This book takes a collaborative approach to legal interviewing and counseling. It suggests that clients will be best served when lawyers and clients work together to resolve problems. Under a collaborative decision-making model, the client controls most decisions, but the lawyer structures the process and provides advice in a manner that is likely to yield wise decisions.

This book provides a foundation in skills as well in civil, criminal, and non-litigation context in which they are used. The practical emphasis throughout the text encourages students to “learn by doing.” The author emphasizes the critical connection between law and fact, the best ways to engage in effective analysis, and the essentials of good communication skills. Each chapter offers illustrations, examples, hypotheticals, and Learn by Doing exercises.

Guardianship Client.
The overview interview -- The chronology -- Theory development -- The action plan -- Witness interviewing -- Functionary discussions.

Criminal Client.
The overview interview -- The chronology -- Theory development -- The action plan -- Witness interviewing -- Functionary discussions.

In today's world, lawyers tend to become identified more with law and less with people, the public interest, social welfare and the common good. However, many lawyers are sensitive, people-oriented professionals who relate to their clients as persons and not as problems. The authors argue that counseling is the heart and soul of lawyering, and that it is an integral part of the legal education.

This Short and Happy Guide provides hypothetical exchanges between attorneys and clients that demonstrate the counseling skills and techniques that will have you embracing your job as an attorney and counselor.

This book provides a concise, straightforward explanation of professionalism, covers working with transactional clients including problem-solving and problem-prevention, and transactional interviewing, counseling, and negotiation. Professional responsibility issues are fully integrated throughout the material.

This book is found in the Practical Skills Collection