PL407: Interviewing Client Techniques

FINAL EXAMINATION B

Name:                                    ______________________________________________________

Student Number:                ______________________________________________________

Date:                                      ______________________________________________________

The following 10 pages (11, including the cover page) contain information which you must use the knowledge accrued during your Interviewing Client Techniques course to correctly respond to the questions.

Unless otherwise specified, please ensure that you have put away all notes and other resources.  If you are seated in a computer lab, please turn your monitor off before beginning the exam (again, unless otherwise specified). Ensure that your cell phone will not ring or vibrate during the examination, and that it is placed in your bag or on the instructor’s desk.

 

Good luck!

 

Date:
Student Name:		Student Number:

INSTRUCTIONS:

• The exam is worth a total of 50% of your total course grade. The marks for each question are set out at as noted.
• This Final Exam contains multiple choice questions worth 1 mark each. Read each question carefully. Choose the response that best answers the question and circle your answer on the test. There is only one correct answer for each question.

MULTIPLE CHOICE QUESTIONS (Worth 1 Mark Each)

• What is the rationale or purpose behind client-centered interviewing?
  
  
  1. To allow the client to tell their story with no interruptions or distractions.
  1. To ensure that the client is involved in every step of the process.
  1. The quality and content of the information obtained from the client will be enhanced if the interviewer attends to the client’s concerns and emotional needs.
  1. The interviewer stays focused on the material facts, and therefore maintains control throughout the interview.
  • This style of interviewing allows the client to ask questions in order to fully participate in the interview process.
    
    

• How can bad legal interviewing leave serious gaps in information?
  
  
  • By asking open questions and probing questions to the client.
  • By allowing the client to determine the topic, pace and location of the interview.
  • By the interviewer setting the topic, pace, and location of the interview.
  • By listening and limiting the questions that are asked to the client while using verbal and non-verbal cues.
  • By alienating the client, leaving them feeling unsupported and less able or inclined to participate in the discovery process.
    
    

• What can good legal interviewing achieve?

• Be able to obtain plenty of clients.
  • help develop good writing skills.
  • The client will omit what they feel is trivial information.
  • The client will not be supportive of the interview process.
  • The client will feel supported.
    
    
    

• What are the two main elements that you as a paralegal, want to achieve in the first initial interview with a prospective client?
  
  
  
  • Gathering information and resolving issues.
  • Passive listening and gathering notes.
  • To be structured with a balance of flexibility.
  • Building a rapport with the client and identifying issues.
  • Objective being understood by participants and allow free-flowing topics.

• How can lack of rapport and lack of trust impair a client’s ability to talk openly about her legal issues?
  
  
  • If the client lacks a good rapport and trust in their paralegal, the client will still speak openly regarding the legal issues.
  • If the client lacks a good rapport and trust in their paralegal, the client may not open up because they may be embarrassed by facts that show them in a bad light.
  • If the client lacks a good rapport and trust in their paralegal, the client will seek independent legal advice.
  • The client’s ability to speak openly will not be hindered if the interviewer is well prepared and asks the proper questions.
  • Once the client is informed that client-solicitor confidentiality exists, they will always speak openly about their legal issues.
    
    
    
• What best describes the process of gathering facts?
  
  
  • Knowing what you are trying to achieve.
  • Legal research and conducting interviews.
  • The assessment of the relevance of the information and the effective planning of interview styles. 
  • The assessment of the value of the information and a look at secondary sources that confirm or undermine the information.
  • The preparing of questions, thoroughness and building a good client rapport. 
    
    
    
• How could being prepared for trial assist in negotiation and possible settlement?
  
  
  • Cases are settled because each side is convinced that they could do worse at trial when they believe each side is well prepared. 
  • Being prepared shows strength and will intimidate a party to consider a settlement.
  • Cases are settled out of court because it is “the right thing to do”.
  • Being prepared assists the judge in determining the facts of a case.
  • Being prepared assists counsel in providing full disclosure which when complete, often encourages a settlement.
    
    
    

• What are some things a client may say that could signal that they may be a ‘controlling client’?
  
  
  
  • They may make expressions like “sort of”, or “basically”.
  • They may make expressions like “I believe so”.
  • They may make expressions like “I know for a fact, it happened like this….”
  • They may make expressions like “it happened on or about May 10, 2016”.
  • They may make expressions like “yes, I know this for sure”
    
    
• How may a controlling client be problematic in a client interview?
  
  
  • They may assist the paralegal by providing only some of the facts.
  • They may answer questions thoroughly.
  • They may include important facts.
  • They may show disrespect towards your staff.
  • They may answer questions vague enough to be deniable.

• Which of the below is one of the four features of a good interview?
  
  
  1. Appraisals
  1. Assessments
  1. Resolving issues
  1. Preparation
  1. Location
     
     
     
• What best describes the term “thoroughness” in relation to a good interview?
  
  
  1. Fully exploring the legal issues.
  1. The right approach to questioning the client.
  1. Ensuring that the client is comfortable with the process and trusts your competence.
  1. Developing a clearly defined objective and a plan for how to reach your goals.
  1. Encouraging a team-work approach to resolving the legal concerns.

1. What best describes the term “client rapport” in relation to a good interview?
   1. Fully exploring the legal issues.
   1. The right approach to questioning the client.
   1. Ensuring that the client is comfortable with the process and trusts your competence.
   1. Developing a clearly defined objective and a plan for how to reach your goals.
   1. Encouraging a no-nonsense approach to resolving the legal concerns.

1. What is an objective that a paralegal wants to achieve during an interview? Page 27
   1. To make the client feel confident about the success of their matter.
   1. To make the client feel like they will win their case.
   1. To omit facts.
   1. To be retained by the client.
   1. Gathering Information. 
      
      

1. What is an example of gathering information?
   1. Press release.
   1. Survey.
   1. Counselor.
   1. Job evaluation.
   1. Physical evaluation.
      
      
      
2. What is an example of dispensing information?
   1. Press release.
   1. Survey.
   1. Counselor.
   1. Job evaluation.
   1. Physical evaluation.

1. What is an example of an assessment?
   1. Press release.
   1. Survey.
   1. Counselor.
   1. Job evaluation.
   1. Physical evaluation.

1. What is an example of a stress appraisal?
   1. Press release.
   1. Survey.
   1. Practical exam.
   1. Job evaluation.
   1. Physical evaluation.

1. Which is a category of an interview style?
   1. Interrogation.
   1. Structured.
   1. Passive.
   1. Informal.
   1.    Aggressive.

1. What best describes a moderately formal interview?
   1. A job interview, legal interview, doctor’s examination.
      (b)      A press conference, police interrogation, a tax audit.
      (c)      A chat with a neighbor, pillow talk. 
      (d)      A religious revival, legal interview, tax audit.
      (e)      A telephone survey, press conference, pillow talk.

• What best describes an informal interview?
  • A press conference, police interrogation, a tax audit.
    (b)      A chat with a neighbor, pillow talk.
    (c)      A religious revival, legal interview, tax audit.
    (d)      A telephone survey, press conference, pillow talk.
    (e)      A job interview, legal interview, doctor’s examination.
    
    
    
• What best describes a formal interview?
  • A chat with a neighbor, pillow talk.
  • A telephone survey, press conference, pillow talk.
  • A press conference, police interrogation, a tax audit.
  •    A religious revival, legal interview, tax audit.
    (e)    A job interview, legal interview, doctor’s examination.
• What things should a paralegal consider when preparing for an upcoming interview? Page 28
  
  
  • The clients religion practices.
  • It is impossible to plan an interview agenda.
  • Do not let the client in on the plan.
  • Map with the client the follow up interview.
  • Map with the client where you are as you proceed with the agenda.

• What is one of the most effective ways to establish a good rapport with a client?
  • By note-taking.
  • By exhibiting confidence and competence.
  • By making yourself available to the client.
  • By being friendly with the client.
    (e)    By listening to the client.

• What type of cues should a paralegal use when establishing a good rapport with a client?
  • Verbal and non-verbal cues. 
  • Substantive and non-substantive cues.
  • Passive and non-passive cues.
  • Aggressive and non-aggressive cues.
  • Physical and non-physical cues.

• What sentence below is an example of a non-empowering question?
  • How did I make a difference today?
  • Would it be aright with you if we focus on today’s events?
  • What will we do today?
  • What can I learn here?
  •    How is your energy?
    
    
• What is a stage of an interview?
  • Dressing professional. 
  • Providing beverage’s to the client.
  • Video recording the interview.
  • Having an assistant taking notes.
  • Fact gathering.

• What best explains a directive interview?
  • Interviews that are conducted for the jobs which are to be performed under stressful conditions.  
  • An interview where the pattern is decided in advance.
  • The interviewer sets the topic, pace, location and any other aspects of the interview and the interviewee is limited to being responsive or reactive.
  • The interviewer leaves it to the client to determine the content, to set the pace, possibly even determine the location of the interview.
  • An interview conducted to screen the client to decide whether further interviews will be required.

• What best describes a non-directive interview?
  • Interviews that are conducted for the jobs which are to be performed under stressful conditions.  
  • An interview where the pattern is decided in advance.
  • The interviewer sets the topic, pace, location and any other aspects of the interview and the interviewee is limited to being responsive or reactive.
  • The interviewer leaves it to the client to determine the content, to set the pace, possibly even determine the location of the interview.
  • An interview conducted to screen the client to decide whether further interviews will be required.

• What is an attribute of a good listener?
  • Someone that can help the client frame their thoughts by playing back what they are saying.
  • Someone that does not pay attention to what the client is saying.
  • Someone that does not make eye contact, and seems distracted.
  • Someone that can demonstrate intelligence and vast knowledge on the topic discussed.
  • Someone that does not use verbal or non-verbal cues.

• Why is mirroring sometimes used in the interview process?
  • It is used when you want to show that you understand what the client is stating.
  • It is used when you attempt to have your client confirm the intention of their statement or correct an impression or to expand on a topic.
  • It is used to demonstrate that you are paying attention to your client and allows you to participate in the conversation.
  • It is used to repeat what the client has told you with no modifications, must be repeated word for word.
  • Mirroring is never used in effective interviewing.
• What is a drawback in using mirroring in an interview?
  • The client will lose trust and confidence in your abilities.
  • There are no drawback in using mirroring in an interview.
  • Repetition, if overused can be annoying.
  • Expands the length of an interview unnecessarily.
  • Client will feel like you are not listening to their needs.

• What type of question is “you went to the beach”?
  • Persuasive question.
  • Passive question.
  • Open-ended question.
  • Leading question.
  • Non-leading question.

• What is the main difference in interview situations involving clients and independent witnesses?
  • Clients have an investment in the litigation whereas independent witnesses do not have a stake in the outcome of the litigation.
  • There is no difference between client and independent witness interviews.
  • All interviews are conducted using the same methods.
  • Clients will be more likely to be truthful than independent witnesses.
  • Independent witnesses will exhibit hostility to your form of questioning.

• What are some of the problems that can arise with reliability of eyewitness testimony?
  
  
  • A person’s ability to observe, understand and record what they witnessed.
  • A person’s ability to observe, remember and communicate what they remember.
  • A person’s ability to communicate their interpretation of what they witnessed.
  • Eyewitness testimony is the strongest form of evidence and is rarely disputed.
  • The eyewitness may record in a journal the events that took place.

• When interviewing children, why do we need to determine whether or not an adult has spoken with them about the situation at hand, and if so, what was said?
  
  
  • It is important not important to determine what the child witnessed
  • The age of the child.
  • Children can never be interviewed.
  • An adult may have spoken with the child prior to the interview, with the intention of swaying the child’s memory or perception of the events that transpired.
  • Whether the parents seem to be hiding facts.

• What is an example of body language that may indicate your client is stressed or nervous?
  • Speaking slowly.
  • Being rude.
  • Laughing.
  • Smiling.
  • Fidgeting.

• When a client comes to you and tells you information, what best describes information that is always considered privileged?
  • The client’s name.
  • Anything your client tells you that is in furtherance of litigation is privileged.
  • The client’s address.
  • The client’s contact information.
  • The client’s age.

• What is a category of a client that you may encounter as a paralegal?
  • Female client.
  • Talkative client.
  • Male client.
  • Executive client.
  • Professional client.

• DASS is one of the best tools for providing constructive feedback. What does DASS stand for?
  • Demonstrate positivity, assess the situation, specify actions and summarize solutions.
  • Describe what you observed, acknowledge your reaction, specify alternatives and summarize the benefit.
  • Describe what you observed, ascertain the situation, state your objectives and support positivity.
  • Describe situation, ask questions, specify corrective measures and suggest encouragement.
  • Don’t blame, act positive, suggest solutions and summarize the benefit.

• What describes why taping an interview can be problematic?
  • It will not be considered admissible evidence.
  • It adds a dimension of awkwardness that is difficult, perhaps impossible to overcome.
  • The interviewer does not need to take written notes.
  • Taping interviews is the best method used.
  • It creates an accurate account of the interview.

• What is the first stage of a legal interview?
  • Map out the interview with the client.
  • Ask open-ended questions
  • Greeting your client in reception and bringing them into your office.
  • Inform your client of the next steps.
  • Ask them to tell their story

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