Usage Guidelines on the Client Form
Usage Guidelines on the Client Form
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Programme for Legal Empowerment and Enhanced Justice Delivery (PLEED) Zambia
Usage Guidelines on the Client Form – 17 October 2016
Programme for Legal Empowerment and Enhanced Justice Delivery (PLEED) Zambia
The Client Form is meant to help CSOs manage information about cases better and improve the quality of legal aid provided. It also sets a standard level of information to be collected by CSOs to allow for further data compilation at national level.
The Client Form is used for individuals seeking legal aid services with a CSO. It has been designed so as to document all the relevant aspects of a case. It may be that certain CSOs have to record additional information on cases due to the particular aspects of each CSO’s domain of intervention or services provided. If so, the CSO may adapt this Client Form to suit its needs.
General usage guidelines for the interviewer:
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Ensure that the information provided by the client is accurate;
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Record in a legible handwriting and acceptable language (avoid informal language);
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Use ink to fill out the Client Form;
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While interviewing clients, use open ended questions to probe further information;
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Pay attention to the reactions of the client, ensure s/he feels comfortable and at ease;
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Respect the principle of confidentiality and integrity while dealing with clients and cases. Whatever the client tells a paralegal must remain confidential. This also applies to the information that will be filled in the Client form (and any supporting documents that may be provided by the client);
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Seek assistance from your supervisor and colleagues if you are unsure of the next steps that you will suggest to the client.
Specific usage guidelines for the interviewer:
File / case number |
Only one file or case number must be allocated per case.
The file or case number shall remain the same throughout the various interviews and services provided, even if the same client would be received by different paralegals depending on the days of the interviews.
The file / case numbering system may be set-up so as to contain the year, month of the first interview, name of CSO and location of the paralegal / desk providing services to the client.
For example, a paralegal from Caritas conducting two client interviews on new cases on 4 January 2017 at the Matero desk could allocate file / case numbers as follows: 2016/01/CAR/MAT/0001 2016/01/CAR/MAT/0002 When receiving clients on new cases on 5 January, the same paralegal (or another paralegal operating at Caritas Matero legal desk) would continue the numbering as follows: 2016/01/CAR/MAT/0003 2016/01/CAR/MAT/0004
Also, your CSO may have ready-made printed cards with a blank for the case number that you issue to clients the first time they come to your legal desk so that the clients know their case number for future reference.
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Date of client initial interview |
This is the date of the first interview with the client. Should the client come for a follow-up interview, you may use the same Client Form, indicate the date of the follow-up interview(s) and update the information contained in the Client Form.
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Part A. Client Information
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1. Full name 5. Client current residence 6. Telephone number |
Record contact details correctly for future communication and follow-up.
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3. Gender / sex 4. Age |
In case of a female client, consider asking her if she would prefer to speak to a female paralegal. Similarly, in case of a minor (below 18 year-old), be sensitive to her/his needs and adjust your language and attitude so as to enhance the child’s confidence. If an elderly client does not know her/his age please estimate rather than insisting on it.
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2. Is it the first time the client consults your organisation on the same case? |
If answer is ‘no’, please pull the client intake form / the file started at the first visit of the client and do not give the client a new case number. Continue with the case file opened at the first visit. Further, you may consider inquiring when was the previous meeting held, which paralegal received the client over the same case, whether the client may prefer to be received by the same paralegal.
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11. How did the client find out about the organisation’s paralegal services? |
This information should be asked in an informal style as part of rapport building. Be attentive all the time, most clients may have already mentioned it to you upon introducing themselves.
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Part B. Case Information
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12. Type of case |
Inform client about principle of confidentiality and your commitment to it as paralegal.
Ensure the case brought by the client contains a legal issue (i.e. that the problem is not social, psychological or economic only). Also be mindful of statutory limitations on certain cases for example some clients may come to report a case that happened a long time ago such that it no longer has basis for legal redress or action.
Tick the type of case and proceed to tick the category after listening to the details of the case.
You may tick several boxes depending on the case e.g. one given case may involve several legal issues (for example a divorce case with additional issues on property settlement, child custody and maintenance, together with a Gender-Based Violence (GBV) element if e.g. physical assault occurred).
Refer to training materials and relevant legal texts to identify the type of case and legal issue(s) involved.
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13. Full statement of the case
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Use open ended questions to get the details of the case. Also inquire as much as possible regarding details as to dates, names, location where relevant to the case.
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14. What steps has the client already taken (before consulting the paralegal today)? |
Ask one question at a time and give the client reasonable time to express the legal issue(s) and other relevant details without unnecessary interruption or directing them.
Also consult if the client has already lodged the case elsewhere with another institution or organisation and the stage the case has reached. |
Part C. Services Provided During Interview and Next Steps
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15. Type of legal aid services provided by paralegal during interview |
You may tick several boxes depending on the services provided in a given case e.g. you may provide legal advice, legal assistance and referral services on the same case.
Take care not to confuse legal information (where the paralegal does not collect details of the case) with legal advice and the other types of legal aid services (where the paralegal undertakes full assessment of the case). See further details below:
Legal information: is about providing general information on what the law or custom says on a particular issue, who is competent to deal with this issue, but not getting nor discussing the details of the case. Please notice that this shouldn’t be treated as a case when it comes to compiling case statistics.
Orientation: the paralegal orients the client on how and/or where to seek further help, e.g. indicating verbally to the client which other organisation or institution s/he should contact, without the paralegal intervening further. Please notice that this shouldn’t be treated as a case when it comes to compiling case statistics.
Legal advice: requires the paralegal to assess the client’s situation based on the facts of the case, the client’s prior record if relevant, applicable legal principles and case law. It usually necessitates significant time and a thorough process to understand the whole case before the paralegal can advise the client in terms of which next legal steps are most appropriate in this situation and their legal implications.
Mediation and negotiation: are both aimed at preventing, settling or resolving disputes. In a mediation process, the paralegal acts as an impartial third party assisting two or more parties in dispute to reach a mutually acceptable agreement. The paralegal only helps to facilitate the process and makes no decisions regarding the outcome of the mediation. In a negotiation process, parties in dispute talk to each other to reach a mutually acceptable agreement. The paralegal may assist one party prior to the negotiation but does not take part in the negotiation phase itself. The paralegal should also advise that the agreement arrived at through mediation or negotiation is not binding. Therefore a party not satisfied may utilise other avenues for redress.
Referral: the paralegal sends the client to a specific organisation or institution that will take up the case. The paralegal may initiate contacts with the identified organisation and institution, and provide a referral letter (or referral form) to the client.
Accompaniment: the paralegal goes with the client to the identified organisation or institution such as police, courts, hospitals, social welfare and other e.g. when the client is particularly vulnerable or is unsure of how to approach the organisation or institution alone, or because the case needs close follow-up. Accompaniment services may be provided in connection to orientation and referrals.
Legal assistance: involves helping a client to execute legal acts or to take preparatory steps towards doing so. This includes various forms of legal assistance, such as helping clients to lodge complaints, prepare court documents (under the supervision of a practising lawyer), filling out application for bail, legal aid or for child maintenance, drafting letters and other.
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16. In case of referral by paralegal, case referred to |
Give reasons to the client for referring the case and seek consent from the client before proceeding further.
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17. Next steps for paralegal |
Confirm with the client whether s/he is comfortable with the proposed next steps. Involve the client too in making suggestions from the options s/he may have.
Verify whether there are other documents required to facilitate your intervention / next steps.
Indicate details of next steps to be undertaken in the Client Form so that anyone who would pick up the case in the event the first paralegal is not available is fully informed.
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18 Is the case now concluded at paralegal / CSO level? |
Try to follow-up on the case to see whether the actions you proposed and steps you took have succeeded i.e. the client had her/his rights restored or claim was handled.
Be specific when indicating how the case was concluded at your / CSO level. |
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19. Interviewer details |
Ask the client if s/he has any information s/he would want to inquire at the end of the interview.
Reemphasise your commitment as paralegal to the principle of confidentiality before concluding the interview.
Do not play ‘God’ – do not over reassure your client that you will sort out all her/his problem(s).
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