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>> In this section, we take you through a typical interview with a client.
Through this interview with Ms. Jones, you will see the various stages of an interview.
Jordan is faced with common barriers during interviewing.
As you watch, reflect on the techniques and approaches he employs.
>> Ms. Jones is being evicted from her home and has sought legal advice from your clinic.
You can assume the clinic has already completed the conflicts check
and the student has gone through the retainer.
>> Hi Ms. Jones?
>> Yes.
>> Hi. My name is Jordan.
I'm a law student here at the clinic.
If you follow me, we can go have a seat and talk about your issue.
>> Okay. Thank you.
>> So Ms. Jones, what brings you here today?
>> Well, my landlord is trying to evict me.
And please call me Sally.
>> Okay Sally.
So there seems to be a problem with your housing, and you might be evicted.
>> I haven't done anything wrong.
>> Do you know why your landlord wants to evict you?
Were you given any reason?
>> He said that I've been late with rent too many times.
He gave me a notice, but I'm never late.
>> I understand that you feel his accusations are unfounded.
Can I take a look at the papers?
>> Oh, sure.
>> Well, just as you said, this is a notice for eviction.
I'll hold onto this and make a copy for your file.
Why do you think he's been saying that you've been late with rent?
>> I don't think I should say.
If you're my student lawyer, maybe you can help me figure out what I should say.
I can't lose my home.
>> Ms. Jones, Sally, as your student lawyer at the clinic, I can't tell you what to say.
But the good news is, as your advocate, you can tell me whatever you want about the issue
and I can't talk to anyone else about it if you don't want to.
>> Okay.
>> Okay. If you tell me that you've been late with rent, I can't have you going
to the hearing say that you haven't been.
But, on the other hand, I can't go and say that you have been late with rent
at the hearing if you don't want me to.
>> What if I say that I was late with rent.
That means admitting that I messed up.
How do I defend myself?
>> Even if you have been late with rent,
it doesn't mean that we can't find a solution to keep you in your house.
The more I know about the situation, the better I'll be able to help you reach that goal.
And I understand that the idea of losing your home is very worrying, but I encourage you
to tell me as much as you feel you can.
I won't be able to help you if I'm surprised by something that comes out during the hearing,
or I can't provide evidence for something that you've said.
>> I really can't lose my home.
>> I understand how important it is for you to stay in your home.
So it is my main goal to help you save your tenancy.
>> I have been late with rent a few times.
I just don't always have the money.
>> I don't know many people who haven't been late with some form of payment or another.
Can we start from when you first started missing payments?
>> Back in April my -- well, I had the rent but something happened.
And well, I couldn't pay that month because of it.
And I just haven't been able to catch up since.
>> I understand you might not want to talk about what happened.
Maybe we can discuss it later but for now I understand that something did happen
that caused you to lose your rent.
>> In this example, we observed a number of barriers common during client interviews.
First, clients often withhold information that will cast them in a negative light.
Here the clients may have been embarrassed to discuss that she has difficulty paying her rent.
The student's response was to demonstrate empathetic listening, that is to listen,
recognize what the client is saying, and refrain from judging.
The student offered recognition of the client's difficulty,
which can assist in the development of trust.
Second, clients will often withhold information that will hurt their case.
Here the client did not want to admit to the accusations against her.
The student addressed this issue by letting the client know what to expect
and how the information could and could not be used.
Third, many clients will withhold information based
on the expectations of the lawyer/client role.
It is very important that the student set out early in the relationship the boundaries
and expectations of both the student and the client.
Here the student let the client know
that he could better help the client achieve the results she wanted through open communication.
>> Fourth, some clients withhold information in order to avoid recounting traumatic events.
In this example, the student allowed the client to be vague.
In the beginning of the relationship, it may be wise to allow the client
to avoid disclosing traumatic information until the student
and client have developed a good rapport.
By employing these techniques, the student was able to identify the legal issues,
the late and missing rent, and ascertain the client's objective to stay in her home.
However, we also saw that the client was very upset about the potential loss of her home.
In the clinic setting, losing a home, particularly if it is
in subsidized housing, can mean homelessness.
The student could have assured the client that he would discuss her housing options whether
or not she was able to keep her house.
It might have played out like this.
>> I really can't lose my home.
>> Our main goal is to help you stay in your home.
But in the worst case scenario, even if you do have to move, we can support you
in considering other housing options.
We're connected to other service providers in the community who can help you.
But, as I said, our main goal is to help you keep your home.
>> If you want to learn more, supplementary materials are available at clinicllaw.ca.
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