CLIENT COUNSELING
SUBMITTED BY
Senha. J
Anwershah
Ruksana Hashim
Meenakshi Sajan
SUBMITTED ON
06:08:2024
INTRODUCTION
Lawyers are problem solvers. Whether it is about defeating a huge
corporation in a multi-million-dollar lawsuit or protecting the rights
of a single parent in a pro bono case, lawyers help such clients to
work through the problems they face. The success in helping clients
often depends on how effective lawyers are in developing a strong
professional relationship with them. Strong professional
relationships build on trust, comfort, and communication. Effective
client interviewing and counselling can facilitate the development of
a strong professional relationship with clients. It is preferable for a
counsellor to opt for a conversational style while talking with the
client. The counsellor must make the client feel comfortable, make
him trust the process and make him realize that the questions
inquired are only for the good of the client I having and ultimately find
an appropriate action of remedy for the problem.
Whom we are going to interview
QUESTION ASKED
GREETINGS
ATTORNEY-1:Hello mam may we please know your good name.
CLIENT: Senha, Ruksana.
ATTORNEY-2:Do you prefer Tea/Coffee.?
CLIENT: No Thanks.
ATTORNEY-1:So, How did you come to now about this place.
CLIENT :One of my friend referred as here.Since its one of the best
firm.
ATTORNEY-2:So, I would like to introduce to you oneselfs my name
is Anwershah and this is mu co- counsel Meenakshi.
CLIENT:Thank you and nice to meet u both.
ADMINISTRATIVE QUESTIONS
ATTORNEY-1:Allow me to give you a summary of our policies, such
as our fees statement, nondisclosure policies, and conflict of
interest guidelines.
CLIENT: Thank you for the details. I understand.
ATTORNEY-2: Moreover, I want to ensure you know about our no-
withdrawal rule. Nevertheless, You can always consider other
options. Please clearly communicate your preferences, as we are
here to listen to you and will always prioritize your best interests.
CLIENTS: Thanks for explaining that. I recognize and understand
your position.
INFORMATION GATHERING
ATTORNEY-1:So mam we could like to ask questions which
will help us to know more about the issue and provide you
with solution.
CLIENT-1: Yes proceed.
ATTORNEY-2 Have you been to any firm before.?
CLIENT-2 :Yes we were to.
ATTORNEY-1:What happened there.?
CLIENT-1: They were not productive and attentive. And we
thought to come here, before get it late.
ATTORNEY-2:Ok then have brought Non Objection
Certificate.?
CLIENT-2: Yes we do have the Non Objection Certificate.
(Client hand over the Non Objection Certificate to
Attorney)
ATTORNEY-1 Now please explain the issues in details.
CLIENT-1:There was a patient name Manoj.who was
admitted for kidney stone surgery. During the surgery he had
an heart attack,We gave him CPR but he died. An autopsy
was performed and it says that his ribs were broken. Now his
family alleged it as medical negligence and we try to kill him
intentionally.
ATTORNEY-2:Ok, What is his age.?
CLIENT-1: He is about 32 years old.
ATTORNEY-1: Have you followed the standard protocols
before surgery.?
CLIENT(1&2):Yes, we have followed it correctly.
ATTORNEY- 2:On which date the surgery took place.?
CLIENT-2 :10:08:2018
ATTORNEY-1:Can you give the Surgical & Autopsy Records.
CLIENT-1 :Yes.
( Client hand over the records to Attorney)
ATTORNEY-2:Have you done check up before sugery.Was he fit for
it.?
CLIENT-2:We have done the check up and it all showed that he was
fine and fit for the surgery.
ATTORNEY-1:Ok from the given information, You clearly followed all
the Protocol and nothing left. Hence there is no medical negligence.
ATTORNEY-2:And about murder attempt,Rib fracture during CPR are
due to forceful chest compression which is necessary to maintain
the circulation. They are generally considered acceptable to ensure
vital circulation during cardiac arrest.
You can’t be sued for breaking ribs while during CPR & its better for
the people to be alive with broken ribs than died.And it also comes
inevitable accidents.
CLIENT-1 :Oh, Ok.
ATTORNEY-1:Ok then, Let’s dig deep to the case. For that you need
fill the Vakalath.
REASON BEHING USING THE ABOVE MENTIONED
QUESTIONS
Firstly, the question asked during the greeting process was
used to relief the mood and make the client comfortable with
the setting and environment. Secondly the administrative
question were explained so that a professional image of the
firm is created and its social like wavering of fee and
confidentiality principles are highlighted. Thirdly the
informative questions asked were precise so as to get the
entire gist of the problem any loopholes occasional nods and
response by yes were we given to keep the client engaged and
entertained. The question about medical negligence is asked
to get more clarity about the facts.Finally,solution were
proposed which would benefit the client the most and which
would have the least chance of being challenged.
TECHNIQUES USED
Techniques used are very subjective to the listeners and
based solely and need to be tailorned according to the
client.
THE TECHNIQUES USED IN THE SESSION ARE
1. ACTIVE LISTENING:It is a technique used in the
counseling, traning and solving disputes or conflicts.It
require that the listener fully concentrate, understand
and then remember what is being said.
2. EMPATHY :In counseling,empathy is an expression of
the regard and respect the counselor holds for the client
whose experience may be quite different from that if the
counselor. The client need to feel ‘ held' understood as
well as respected.
3. EFFECTIVE COMMUNICATION: It was based on
multiple that communication be clear and efficient. This
technique is basically used in order to leave no fractions
in the client’s statements.
4. AVOID CHAMPARTY- It basically means dealing illegally
and charging high fees this has been avoided as the firm
is that of a purely professional nature.
LAWS INVOLVED
DEFENCES
Section 80 of the Indian Penal Code, 1860, says that anything which
happens as a result of an accident or misfortune and without any
criminal intention or knowledge in the doing of a lawful act in a
lawful manner by lawful means and with proper care and caution is
not an offense.
Section 81 of the Indian Penal Code, 1860, states that if anything is
done merely by the reason that it is likely to cause harm but if the
same is done without any intention to cause harm and in good faith
in order to avoid other damages to a person or his property is not an
offense.
Section 88 of the Indian Penal Code, 1860, says that no one can be
made an accused of any offense if he performs an act in good faith
for the good of other people and does not intend to cause harm even
if there is a risk involved and the patient has given the consent
explicitly or implicitly.
DOCUMENTS NEEDED
• Patient Case History
• Surgical and Autopsy Report
CONCLUSION
