SQE2 Client Interview 2 — Questions and Answers
Question 1: When interviewing a client who wishes to make a will, which of the following should the solicitor specifically assess?
- Only the client's financial assets
- The client's testamentary capacity, knowledge and approval of the will's contents, and any potential undue influence (Correct answer)
- Whether the client has previously used the firm
- The client's political views
Correct answer: The client's testamentary capacity, knowledge and approval of the will's contents, and any potential undue influence
When taking will instructions, a solicitor must assess testamentary capacity (under the Banks v Goodfellow test), ensure the client understands and approves the contents, and watch for signs of undue influence from third parties who may accompany the client.
Question 2: A client attends an interview accompanied by their adult child who frequently answers questions on the client's behalf. What should the solicitor do?
- Allow the adult child to continue answering as it saves time
- Politely request time alone with the client to ensure the instructions come from the client directly (Correct answer)
- Ask the adult child to provide written confirmation of the instructions
- Accept the instructions from the adult child as an agent
Correct answer: Politely request time alone with the client to ensure the instructions come from the client directly
The solicitor should speak to the client alone to ensure instructions are genuinely the client's own and not influenced by the accompanying person. This is particularly important in vulnerable client situations and when taking will instructions.
Question 3: During a client interview about a commercial dispute, the client mentions they have relevant documents at their office. What should the solicitor advise?
- Tell the client the documents are not important at this stage
- Advise the client to preserve all relevant documents and not destroy, alter, or dispose of any materials that may be relevant to the dispute (Correct answer)
- Ask the client to summarise the documents verbally instead
- Tell the client to send only the documents that support their case
Correct answer: Advise the client to preserve all relevant documents and not destroy, alter, or dispose of any materials that may be relevant to the dispute
Document preservation is crucial. Under the duty of disclosure in litigation, parties must preserve relevant documents. The solicitor should advise the client early about their preservation obligations to avoid potential sanctions for destruction of evidence.
Question 4: What does active listening involve during a client interview?
- Interrupting the client to demonstrate understanding
- Listening attentively, using verbal and non-verbal cues, summarising, and asking clarifying questions (Correct answer)
- Taking verbatim notes without making eye contact
- Allowing the client to speak without any interaction
Correct answer: Listening attentively, using verbal and non-verbal cues, summarising, and asking clarifying questions
Active listening involves giving full attention to the client, using appropriate verbal acknowledgments and non-verbal cues (eye contact, nodding), periodically summarising to confirm understanding, and asking open and closed questions to clarify points.
Question 5: A client in a criminal matter tells the solicitor during interview that they committed the offence but wants to plead not guilty. What are the solicitor's ethical obligations?
- The solicitor must withdraw immediately from the case
- The solicitor cannot positively assert the client's innocence but can put the prosecution to proof and test the evidence (Correct answer)
- The solicitor must inform the court of the client's admission
- The solicitor must advise the client to plead guilty
Correct answer: The solicitor cannot positively assert the client's innocence but can put the prosecution to proof and test the evidence
Where a client admits guilt but wishes to plead not guilty, the solicitor cannot mislead the court by asserting innocence. However, they can put the prosecution to proof, test the evidence through cross-examination, and submit that the prosecution has not met the burden of proof.
Question 6: When discussing costs with a client during an initial interview, which of the following should the solicitor provide?
- A vague estimate to avoid being held to a specific figure
- The best possible information about costs, including the basis of charges, likely total cost, and information about funding options (Correct answer)
- No cost information until the case concludes
- Only the hourly rate without any estimate of total costs
Correct answer: The best possible information about costs, including the basis of charges, likely total cost, and information about funding options
The SRA requires solicitors to provide clients with the best possible information about costs at the outset. This includes the basis of charges, a realistic estimate or range of total costs, when and how they will be billed, and information about available funding options such as legal aid or CFAs.
SQE2 Client Interview 2
When interviewing a client who wishes to make a will, which of the following should the solicitor specifically assess?