Social skills in legal conversations
To conversate with clients is a daily activity of lawyers. Within criminal law, the basis of each case is the conversation with the client. A good conversation is of major importance for the case. But how do you have such a good conversation?
This exercise with video prepares students in how to conversate with clients in their practice. The scenes were played by actors. They were recorded on video, edited and put on a streaming video server. In Blackboard questions and assignments were added to these videos. Students watch the video on their own.
The practice class consists of twelve face to face meetings. During a part of this practice class students work with self guided instruction in the program StrafGevat, where they see videos of law conversations. Besides these virtual practice, a lot of time is spent on role playing. These were also recorded and shown to the students with feedback.
Model for a legal conversation in the office.
At first there is a theoretical explanation (this is not translated for this site).
After the theory, the instruction begins.
The first conversation in the office
This learning unit contains:
- Explanation of phase "space for the story of the client"
- Fragment 1 'space for story of client'
- Fragment 2 'space for story of client'
- Fragment 3 'space for story of client'
- Fragment 4 'space for story of client'
- Explanation phase 'confrontation'
- Fragment 1 'confrontation'
- <<End of Finest Selection translation>>
- Fragment 2 'confrontation'
- Fragment 3 'confrontation'
- Fragment 4 'confrontation'
- Explanation phase 'advise and discussion'
- Fragment 1 'advise and discussion'
- Fragment 2 'advise and discussion'
- Fragment 3 'advise and discussion'
- Fragment 4 'advise and discussion'
- Fragment 'final phase'
All videos are in Dutch.
Phase space for story of the client
After the lawyer has read the documents, he is ready for the conversation with his client, Mrs Koopman. Lawyer Melchior starts the conversation and gives space to his client to tell her story. The next four fragments show you how the laywer invites her to tell her own story.
Each fragment has an observation exercise. You can do that alone or together with your partner (each student has a partner to cooperate with in this course).
Fragment 1 space for the story of the client
Question 1A: What is in your opinon the most important objective of this phase of the conversation?
1B: In which manner gives the lawyer space to the story of his client?
Fragment 2 space for the story of the client
Question 2A: What is your opinon about the reflection of the lawyer? Call specific elements you find good or bad.
Question 2B: Which skill is used by the lawyer in his second sentence (see underlined sentence in transcription)?
(The transcription can be find in the reader)
Question 2C: When the lawyer uses the skill, mentioned in the question before. What could be a possible negative effect of this skill on the further conversation?
Fragment 3 space for the story of the client
Question 3: Explain how you can see the more directive attitude of the lawer in this fragment?
Fragment 4 space for the story of the client
Question 4A: There are of course restrictions in the amount of space for the own story of a client. It would take a lot of time if you are for example the lawyer of this client and she explains the clothes of the policeman and other not relevant issues. In such a case, how would you lead her back to the main focus of the conversation? Writes down exactly what you would say. Use two different possibilities.
Question 4B: How is it possible that clients find it often difficult to tell there story shortly?
Phase confrontation
After Mrs. Koopman has told her story, the next phase is confrontation. The next four fragments show such a confrontation. Each fragment has an observation task. You can do this task on your own or together with your partner.
Instruction fragment 1 confrontation: the next fragment shows the transition between 'space for the own story of the client' and 'confrontation'. In this fragment you see the lawyer calls his client with her first name (on her request).
Fragment 1 confrontation
Question 5A: What is your opinion about the fact that the lawyer is on familiar terms with his client (on her request)? Explain your answer.
5B: What would you do as a lawyer in such situation?
Etc.