CLIENT INTERVIEWING SESSIONS

SESSION I

Advocate: Good morning and welcome. Please have a seat. Would you like some refreshments?
Hope your journey was not arduous.

Client: No, thank you.

Advocate: So, please tell me what brings you here? How can I help you? Please be assured that
whatever you say here is confidential and I cannot convey this information to anyone.

Client: I am going through a huge trauma. I am sick of my husband and his relatives. All they
want from me is a child. They don’t understand that I have to focus on my career, and I am not
ready for a child right now. I have tried to explain my situation in every possible manner, but
nothing has worked. For once, I can understand if my in-laws demand a child because they have
always been extremely conservative. But these days my husband also unconditionally supports
them. I feel frustrated. I went to my maternal home thinking that he would understand his
mistake and come back to apologize. But that never happened.

Advocate: I understand your situation. Have you tried couple counselling and/or mediation?

Client: We have tried everything, but nothing seems to work. The situation is getting worse and
we have many misunderstandings.

Advocate: Does your husband also want a divorce?

Client: Yes, he also wants to end this marriage and is willing to co-operate in the entire
procedure. Both of us want this to end peacefully.

Advocate: Okay. How long have you been married and how long have you been living
separately?

Client: We have been married for six years now. But since the past two years, we have been
living separately.

Advocate: Okay, okay. So, in this case, we can file for a divorce by mutual consent. It is
provided under Section 13B of the Hindu Marriage Act, 1955. I will need some documents like
the marriage invitation cards, photographs, certificates or any other valid proof of marriage etc.
from you before proceeding.

Client: Yes, I will do the needful. How long will it take to get the divorce?

Advocate: So, after filing the divorce petition, you and your husband will be called by the court.
The court generally adjourns the matter for a period of 6 months. After six months you both have
to be present in the court again for making a second motion confirming the mutual consent filed
earlier. It is only after this second motion that a decree of the divorce is granted by the court.
During this six-month period, either of you can withdraw the petition.

Client: Thank you. You have put my mind at ease.

Observations

When the client came, I observed her body language and inferred that she was worried, nervous
and desperately needed a solution. As soon as she sat down, she started talking about her
problems in a disjointed manner and her opening statement was that she didn’t want to waste any
more time and get down to problems. It seemed that she had rehearsed everything and just
wanted to spill it all out. I noticed that when a client is talking, he/she shouldn’t be stopped for
speaking to someone else on a different case, otherwise they get anxious and a feeling that no
one is interested in their issue. I also observed that the lawyer always had an eye contact with the
lady, which made her comfortable and the urge to proceed with her story. Saying encouraging
words like “I understand”, “I know”, “exactly” etc. help relax the client and make her speak up
all details. Another important point was that the lawyer should take notes only of the important
dates and events and not be engrossed in the notebook in general. The lawyer can quote relevant
acts and sections in order to make the client confident that she has approached the appropriate
person. The confidentiality clause stated in the beginning made her speak of her intentions
honestly and how in the present case, she desperately wanted divorce from her husband. Her
husband had already agreed to it and thus the lawyer informed her that she would get mutual
consent divorce under Section 13B of the Hindu Marriage Act, 1955.

SESSION II
Advocate: Please have a seat. Would you like to have some beverage? Hope the journey till the
office did not trouble you.

Client: Fresh lime soda would be fine, thank you.

Advocate: How can I help you? Please rest assured that whatever you say here is confidential
and I cannot and will not convey this information to anyone.

Client: What if I don’t continue with you as my advocate? I need to ask this question for my
mental peace.

Advocate: Yes, surely. Please tell me everything in detail so I can help you in the best possible
manner.

Client: So, the other day, I had to go to some place that was 5 mins away from my house.
Normally, I take my driver with me everywhere, but he wasn’t available, and I was in a hurry.
Though I don’t drive often now, but I used to drive a lot earlier. While coming back from that
place, a motorcycle was coming in my direction. Now the thing was that the motorcyclist was
coming in the wrong direction and that too in high speed. Perplexed, I tried to put brakes in the
car, but unfortunately, I couldn’t, and we collided. There were three people on the motorcycle-
husband, wife and child, and none of them had helmets on. The wife got seriously injured in the
head and started bleeding instantly, the other two also faced minor injuries. I called for help from
nearby and called my driver to take them to the hospital. I am really scared about this entire
situation. It was not my fault at all, but because I was in the bigger vehicle, a car, I think I am in
trouble.

Advocate: I am very sorry to hear that. Do you have a valid driving license?

Client: Yes, I do.

Advocate: Good. Have you spoken to the motorcyclist? How is his wife?

Client: She is stable now.

Advocate: That is a relief. So, from what you have told me there was no fault of yours. The
motorcyclist was driving fast, didn’t have helmets on and was coming in the opposite direction.
Moreover, there were three people on the motorcycle. Is that all? There is nothing else, right?
Client: No, I have told you everything.

Advocate: Okay. So, were there any eyewitnesses?

Client: Yes, people around came and witnessed the entire accident. I have a good reputation in
the society and people will be willing to testify.

Advocate: Okay, great. Let’s wait to see if the other party takes any action. Meanwhile I shall
prepare a case in your favor.

Observations

The client seemed quite apprehensive about the conservation first, but later felt comfortable. He
was very scared because he thought he would be punished because it is always assumed that the
bigger vehicle was responsible for the accident. The advocate was sensing something that the
client wasn’t telling him and that is why he was asking questions like whether he had a driving
license or not etc. Hence all the legal bases were aimed to be covered by asking about the
eyewitnesses etc.