PROCESSING A CASE FOR TRIAL1

I. INTERVIEW THE CLIENT

I.1 Try to get all the facts and relevant documents.

I.1.1 Why did the client chose you?
I.1.2 Has the client seen another lawyer before
seeing you?
I.1.3 Is client a “shopper”?
I.1.4 Is client under the influence of a layman,
relative, friend, co- worker, etc.?
I.1.5 How is the matter affecting the client
emotionally?
I.1.6 Size up client for honesty, motives, neurotic
tendencies, financial standing.
I.1.7 Listen to both what the clients says and the way
the client says it, even the gestures, body
language and tone of voice. Be alert also to
what the client doesn’t mention, doesn’t want
to say, or can’t say without help as this may
become crucial in the case.
I.1.8 Be aware that you are also communication with
your client by your own choice of words, body
language, gestures and tone of voice. Pay
attention not on the on the expressed content
but also to the emotional attachment and your
reaction to the client. Avoid expressing or
showing approval or disapproval of the client’s
actions or beliefs, or story.
I.1.9 Do not, at this initial stage, challenge or
confront the client. Ask questions on areas
omitted or facts not mentioned in the spirit of
helpfulness, not challenge. Leave cross
examination for later interviews.
I.1.10 Avoid emotional over- identification with
client, or cultivating a dependency relationship.

1
Diokno, J.W., Diokno on Trial, Techniques and Ideals of the Filipino Lawyer, The Complete
Guide To Handling a Case in Court, 2007, Diokno Law Center, Quezon City.