Conferencing:

Extract 1 : Introduction & The skills
Extract 2 : The brief & Preparation of the case
Extract 3 : Conference plan & Transcript
Extract 4 : Analysis

Introduction

Conferencing is the process of ascertaining information on your client's case with the aim of ensuring that you are in the position to proffer the best possible advice to them. Before the conference it self there must be extensive research of your brief to allow you to form an initial viewpoint of the case based on the legal and evidential issues it poses. During this case preparation stage you must ascertain what information you need to obtain form your client. After this, a conference plan should be drawn up. A successful conference will allow you to gather the information you need to advise as regards the best cause of action for your client under the circumstances. During the overall process you will be investigating many factors, including the client's objectives, the strengths of the case - based on the evidential and legal facts, the most suitable likely plea, and what alternative solutions may be available. First we will look at those aspects of the skill that it is essential to observe, then we will move on to a practical scenario which contains a brief, preparation notes, a conference plan and a transcript of the process. Conferencing can be summarised as follows,

C - Clients Objectives and Needs
O - Offer Advice
N - Never Judge Your Client
F - Fully Familiarise Yourself With The Case
E - Evidential and Legal issues
R - Relevance Of Issues Must Be Identified
E - Evaluate Other Solutions
N - Never Make The Clients Decisions For Them
C - Clear and Unambiguous Advice
E - Endeavour to Make Your Client Feel at Ease

The Skills

Clients Objectives and Needs

You must ascertain what your clients likely objectives are going to be before you undertake the conference. What it is it going to be necessary to prove in the case for your client? For example, are you going to need to find out about an alibi that could prove a defence, or are you going to have to ask vital questions about the quality of the goods supplied under a contract? Needless to say your client's likely objectives will vary enormously from case to case. For example, if you are making a bail application for your client they are going to have rather different objectives form someone that is involved in a commercial dispute. You also have to ask yourself about your client's specific needs, for instance, are they going to need advice on a plea? Are they going to want to know how long the litigation process may take and cost? Or whether or not there are other alternatives to litigation?

Offer Advice

Invariably the client will want to ascertain the strengths of their case. The purpose of your pre conference analysis and the information that you gather during the conference has one sole purpose. To allow you to be in a position based on the legal and factual issues to be able to give your client the correct advice as you see it. This is of course based on the strengths and weaknesses of their case. Your advise could be to drop litigation altogether, or to enter a plea of not guilty for example. These opinions must always be based on sound, reasoned analysis, not hunches or guesses. You have to carefully analyse the information you have and assess the best cause of action for your client. It is also imperative that you make it clear to your client that the advice given is just that. Advice. You cannot force your client to accept your advice. You can merely try to persuade him as to its merits. You should make sure that your client knows that the ultimate decision always lies with him.

Never Judge Your Client

You must remain objective at all times. Do not let your perceptions of your client cloud your judgment. Everyone makes assumptions of others in the living of their everyday lives, whether they be conscious or sub conscious. These must be set aside. If you give effect to these within your professional capacity, you risk losing sight of the truer picture. Your role is to look at the client's case subjectively and offer advice accordingly, based on the facts, nothing else.

Fully Familiarise Yourself With The Case

It is imperative that your are fully familiar with the facts of the case. If you are ill prepared you may offer incorrect advice. This could be fatal to your client. You have a professional duty to be more than familiar with the facts of the case. If you have no time to look at the facts then you should inform your client that you need a few minutes to refresh your memory. It will not suffice to try and formulate and understanding of the case off the cuff.

Evidential and Legal Issues - Relevance Must Be Identified Before the Conference

In preparing for the conference you must identify the relevant legal and evidential issues. It is essential to first draw up an overview of the facts of the case. This should include an initial view of the scenario and identifying what the client will need advice upon. This should then be followed by a deeper legal and factual analysis. This analysis should allow you to be able to draw up a list of essential questions to put to your client. Then you can hypothesize about the merits of the case and offer some preliminary advice pending the information that your client divulges. For example, you may need to identify all the elements needed for the prosecution to prove a criminal offence, and what evidence in your brief goes toward proving or disapproving the elements of that offence. You should be asking questions such as- what are the facts in issue? Who has to prove them and to what standard? Is some of the evidence inadmissible? What weight will be attached to the evidence that is admissible? Once you have identified these issues you will then be in a position to know what questions are vital to be answered before you can give your advice to the client. Failure to prepare fully will lose you a great deal of marks in any assessment.

Evaluate Other Solutions

After analysing the facts prior to, and after the conference, you may be minded that there are alternatives to litigation. This will be especially true as regards commercial cases. Have the parties got any room for negotiation for example? If these avenues have been explored, are there further methods open such as arbitration that could be resorted to? It is your duty to make sure that if there are other viable possibilities other than litigation, then your client is aware of them and their likelihood of success.

Never Make The Clients Decisions For Them

You must always endeavour to listen to the client whilst at the same time keeping control of the conference. Try and ensure that you communicate effectively with the client and that you respond appropriately to concerns or questions that the client may have. This will allow you to evaluate the case and give appropriate advice to them. However you must make it clear that your view on the case is only advice. Ensure they know that it is not binding on them in any away and they are free to come to their own decisions. In addition you should not attempt to put words into your client's mouth in order to move them towards a position that would be more beneficial to them. You should avoid leading questions at all times, as this is seen as coaching the client into giving certain information, and is highly unethical.

Clear and Unambiguous Advice

You must ensue that you give your client the clearest possible advice. Only you can decide whether or not you are sure that the client fully comprehends the advice that you have given. This is a judgment call and is highly dependant on the complexities of the case and the nature of client. Try to avoid using legal terms that you would often use without a second thought, and if the use of such terms is unavoidable then ensure that they are explained when necessary. Of course whether it is necessary will depend on the client. Are they a Company Director that will know most of the provisions that are contained in the Companies Act that affect him and thus comprehend most of the legal terms that go with the territory? Or have they are have been charged with the offence of taking a vehicle without the owner's consent and have they never faced criminal charges before? Whatever your client try to put your advice in the most clear and coherent way possible by speaking clearly, expressively and were necessary, slightly more deliberately than normal.

Endeavour to Make Your Client Feel at Ease

You must endeavour to put your client at ease. Basic observance of some common courtesies goes a long way to achieving this. Small matters like taking the clients coat and bag for them and offering them a hot drink or glass of water can go a long way to making your client feel relaxed. Also introducing yourself by your full name rather than with a Mr/Mrs prefix helps to create a more impersonal atmosphere between your self and the client. Remember, your client may be apprehensive about meeting you, especially with the impending possibility of legal proceedings on their mind. It is also pertinent to ask if the client is aware of your role in the proceedings, and if they are not, accordingly going on and explaining this to them. Ensure that the client, especially in criminal proceedings, is under no illusion that you are on his side and that your role is to present their case to the best of your abilities. You will be assessed on your adherence to such standards of professional conduct in an assessment.

The Conference Process can be outlined in 10 stages as below,

Diagram 1 - Remember that this process includes the making of initial notes and a conference plan.

Extract 1 : Introduction & The skills
Extract 2 : The brief & Preparation of the case
Extract 3 : Conference plan & Transcript
Extract 4 : Analysis

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