LL.B.
V Term, Faculty of Law, University of Delhi
LB-501: Moot Court, Mock Trial, and Internship
Questionnaire for Lawyers is for 2. 5 Marks and video=2.5 marks
Name of the Centre: Law Centre-1
Term: 5th Semester
Section: G
Student’s Name: Radhika
Class Roll No: 246080
Exam Roll No: 22310806917
Section I
(To be completed before you conduct the interview)
Please read the following questions and answer them briefly in the space
provided.
1. Before you meet the 'client' describe briefly:
A. What are the objectives of the interview?
As an advocate, my objective for the interview will be to gather relevant
facts about the situation, understand the client's needs, and establish a
relationship based on comfort and open communication. I will focus on
clarifying the legal issues at hand and providing an overview of potential
outcomes to guide the client effectively.
B. Describe briefly how you plan to structure the interview (topics, order,
time, etc.):
I plan to greet the client and introduce myself, making an effort to create a
comfortable atmosphere. I will listen to the client calmly, practicing active
listening rather than passive listening. I will inform them about the fee
structure and encourage them to be as open as possible. Additionally, I will
assure them of the confidentiality between us.
I will ask open-ended questions to facilitate discussion, addressing any
concerns and priorities they may have while exploring their expectations.
Finally, I will ask clarifying questions to verify information and provide an
overview of possible outcomes based on the information gathered.
C. What have you learned from your reading about interviewing that
you intend to
practice or avoid?
I have learned that it is crucial for us as advocates to make our clients as
comfortable as possible, as this sets the tone for the interview. Active
listening is vital in this
process, and providing assurance about confidentiality encourages clients
to share everything honestly, which will aid in progressing the case.
Using open-ended narrative questions and conducting a cross-examination
of the client are essential strategies; however, I will strive to avoid
interrupting the client while they are speaking and ensure that I remain
empathetic throughout the conversation.
D. What is your role in the interview and what standpoint do you wish to
adopt?
As an advocate, my role would be to gather as much relevant information
as possible, provide clarifications on the legal issues involved, and maintain
the confidentiality of my client. I will encourage them to be as honest as
they can, which will aid in building a strong case. Additionally, I will offer
guidance on possible outcomes based on the information gathered while
respecting the client's decision-making process. My aim will be to help the
client ascertain their objectives and priorities regarding the case.
Additionally, I will focus on my client's needs, goals, and interests, ensuring
their voice is heard and valued. I will maintain transparency and honesty in
all dealings. My aim is to actively represent my client's best interests, both
in and out of the courtroom.
I will demonstrate understanding and compassion for the client's situation,
providing emotional support throughout the legal process. It's important to
communicate legal concepts clearly and understandably. Finally, I will
commit to ongoing education and skill improvement to better serve my
clients.
SECTION TWO
(To be completed after the Interview)
2. In your conduct of the interview how well/poorly do you think that you
performed the ɒfollowing?
a Very Well Well Average Not well Poorly
.
bPlacing client at ease
. ✔
cEmpathizing with the client
. ✔
dEliciting facts
. ✔
eChecking facts and changes
. ✔
Explaining
.
f law
✔
gAdvising about implications
. ✔
hAgreeing follow up
. ✔
Reassuring
.
i client
✔
Note
.
j taking
✔
kTime management
. ✔
B. What, if any, ethical or moral issues did you encounter?
My client was very aggressive and continuously expressed frustration
toward Kareena, emphasizing the necessity for both compensation and
punitive measures against her. As an officer of the court, my duty is to
present the facts accurately so that the court can make an informed
decision. As an advocate, I cannot manipulate the facts to satisfy my
client’s ego.
3. A. What in brief are the key facts of the client's legal problem?
On Saturday evening [Link] took his dog on a walk where a huge
rodwiller dog belonging to [Link] his neighbour attacked on shahid
and cookie (shahid's dog), shahid in self-defense kicked the dog. While
kareena standing there did nothing to stop her dog and shahid suggested
her to keep the dog leashed on streets. Kareen got aggressive and furious
and hit shahid's face with a stone which broke shahid's front two teeth.
B. What is / are the legal issue(s)
involved?
1. Is the plaintiff entitled to compensation?
2. Whether the plaintiff acted in self-defense by kicking the
respondent’s dog?
3. Whether there was any provocation on the part of the plaintiff that
led to the defendant throwing the stone?
4. Does the defendant's action constitute grievous hurt to the plaintiff?
C. Were there other facts in the case which seriously concerned the client
but which
were not related to the legal issue(s)?
My client was adamant about wanting to teach Kareena a lesson;
however, this
desire is not a relevant legal issue in the context of the case.
4. A. List the other possible outcomes in this case:
According to Section 338 of the Indian Penal Code (IPC), the punishment for
causing grievous hurt by a rash or negligent act includes:
1. Imprisonment for a term that may extend to two years,
2. A fine that may extend to one thousand rupees, or
3. Both imprisonment and a fine.
In this context, Kareena could face these penalties for her actions.
B. Which in your opinion is the most likely outcome?
Based on my understanding of the facts of the incident, Shahid is entitled to
compensation for his medical expenses and professional losses due to
Kareena's negligence. Under tort law, Kareena had a duty of care, which
she breached, resulting in the incident. This breach directly contributed to
the harm suffered by Shahid.
C. What is/are the client's desired
outcome(s)?
The client's expectation in this case is to receive compensation of his lost
earnings. Additionally, he seeks punitive damages against the kareena.
[Link] are the main obstacles, if any, to this/these being achieved?
The primary issue in this case is whether the kick by Shahid was executed
in self-defense. This question represents a significant obstacle that must be
proven.
E. How will it / they (client's desired outcome(s)) be achieved?
The client's desired outcomes can be pursued through various sections of
the Indian Penal Code (IPC):
1. Section 289: Addresses negligent conduct with respect to animals,
applicable in this case due to the unleashed dog.
2. Section 324: Pertains to voluntarily causing hurt by dangerous
weapons or means, relevant here as the defendant threw a stone
that resulted in the breaking of Shahid's tooth.
3. Section 325: Concerns punishment for voluntarily causing grievous
hurt, which applies to the injuries sustained by the plaintiff.
4. Section 503: Relates to criminal intimidation, which may be relevant
depending on the context of the incident.
Additionally, there are considerations of negligence and vicarious liability
under tort law. Kareena had a duty of care, which she breached by allowing
her dog to remain unleashed, directly contributing to this incident.
F. What alternative strategies were available?
In calculating damages, both Shahid (the plaintiff) and Kareena (the
respondent) can utilize Alternative Dispute Resolution (ADR) under Section-
89 of the Code of Civil Procedure (CPC) to mutually agree on the amount of
compensation related to vicarious liability.
5. A. What did you learn from the interview?
As an advocate, it is essential to remain calm and composed. Developing
the habit of active listening is crucial, as it allows for better understanding
of the client's needs and concerns. Additionally, learning the art of reading
body language can enhance communication and foster a stronger client
relationship.
Furthermore, it is vital to keep the client informed about the legal
implications of their case. Ensuring that they understand the potential
outcomes and legal processes empowers them to make informed decisions.
B. What did the interview remind you of from your previous reading about
interviewing?
While studying client interviews, I learned about the importance of being
empathetic toward clients and treating them with humanity. This interview
has reinforced for me how essential it is to approach each client with
compassion and understanding, ensuring they feel valued and supported
throughout the legal process.
C. What could you have done to improve the interview?
There is always room for improvement, and I believe I could be more
confident when communicating with my clients. Building that confidence
will enhance my ability to convey information clearly and instill trust in the
client relationship.
D. What do you think the client thought of the interview?
The way the client shared his situation indicated that he felt very
comfortable, and he appeared to be quite satisfied after the conversation.
Partner's Name: …………………. Class Roll No- 246080
Date of interview- 5/10/2024