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Self Representation Service

Self Representation Service. interviewing skills and techniques for discrete task assistance . 9 December 2010. Are you an expert? .

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Self Representation Service

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  1. Self Representation Service interviewing skills and techniques for discrete task assistance 9 December 2010

  2. Are you an expert? • Volunteers don’t need to be an expert in substantive areas of law. An understanding of court and tribunal processes and procedures and familiarity with rules is generally sufficient. • The key is having the skills to draft documents such as pleadings and contentions and being able to translate client instructions into the relevant format in an efficient manner.

  3. Getting to the issue... • Ascertaining the crux of the legal issue within time constraints can be a challenge. • Techniques to ‘get it’. • Record the ‘bare bones’ of a client’s case in a comprehensive yet efficient manner.

  4. Capacity concerns and sympathy • If you think that a client may not have capacity to commence/continue their legal proceedings, don’t make assumptions or take drastic action; talk to QPILCH. • Don’t get caught up in a client’s problems; through the provision of discrete task assistance you can have a positive impact.

  5. Capacity questions: • Are the client’s instructions consistent? • Can the client explain to you, in their own words, the essence of their claim/defence/legal issue? • Does the client understand who you are and how you can help them? • Do they realise what will happen if they win/lose? • Can they retain and recall the relevant information/advice you are giving them? • Do they have the ability to think through the benefits and risks of the options to proceed?

  6. But there’s no merit… • QPILCH will try to dissuade clients from pursuing matters which are unmeritorious and will raise alternative options for resolution. • QPILCH will provide appointments to help organise clients insistent on commencing or continuing proceedings so that their matter runs more smoothly through the courts or tribunal.

  7. Get the discrete task done • Avoid perpetuating some of the negative effects of traditional legal discourse. Provide assistance in a way that limits confusion, intimidation and panic. • Don’t underestimate what can be achieved in a one hour appointment. • Focus on completing the task at hand - or at least starting the task…

  8. Prospects? • Some clients will ask for an opinion of their prospects and volunteers may feel an obligation to provide such an opinion. Only lawyers apprised of all the facts can properly advise on merits. • Where a client’s expectations need to be managed, QPILCH will ask volunteers to counter unrealistic and unrealisable outcomes.

  9. Understanding QPILCH processes • If there appear to be strong prospects, discuss potential for referral with QPILCH staff. • Referrals for pro bono representation depend on an assessment of the merits of a case and there are never any guarantees a referral will be taken up by QPILCH members.

  10. Can I have another appointment? • There may be circumstances where a task is ‘too big’ to complete in one hour or a follow up appointment is warranted. • Check with QPILCH staff before offering a client a further appointment. • Tip: advise clients at the beginning of appointments what you hope to achieve with them in the time provided.

  11. Questions?

  12. QPILCH contacts QPILCH www.qpilch.org.au Self Representation Service (QCAT) Email: srs.qcatadmin@qpilch.org.au Self Representation Service (Courts) Email: srs.courtsadmin@qpilch.org.au

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