Client Interview Flashcards

When interviewing a client who wishes to make a will, which of the following should the solicitor specifically assess?

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.

A client attends an interview accompanied by their adult child who frequently answers questions on the client's behalf. What should the solicitor do?

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.

During a client interview about a commercial dispute, the client mentions they have relevant documents at their office. What should the solicitor advise?

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.

What does active listening involve during a client interview?

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.

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?

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.

When discussing costs with a client during an initial interview, which of the following should the solicitor provide?

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.