Interview preparation and conduct - Questioning techniques a...

Learning Outcomes

On completing this article, you will be able to describe and apply core questioning techniques, distinguish between different types of questions, use active and reflective listening to elicit information, and record client instructions appropriately. You will develop a structured approach to client interviews—contributing directly to your SQE2 exam performance.

SQE2 Syllabus

For SQE2, you are required to understand interview preparation and conduct in detail. In particular, you should concentrate in your revision on:

• identifying, differentiating, and applying effective questioning techniques (open, closed, leading, funnel, etc.) in client interviews
• recognising and employing active and reflective listening skills to ensure client understanding and build rapport
• structuring questions to obtain relevant information efficiently while controlling the interview
• responding to client emotions and clarifying ambiguities
• accurately noting and confirming client instructions during and after the interview
• adapting interview techniques to suit different client types and interview contexts (e.g. time-limited or stressful situations).

Test Your Knowledge

Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.

1. Which of the following is the best technique for encouraging a hesitant client to provide relevant information?
   1. Repeating closed questions
   2. Using open-ended questions and silence
   3. Providing your own interpretation
   4. Interrupting frequently

2. True or false? Leading questions should be avoided when exploring disputed matters with a client in an interview.

3. Which listening skill involves summarising the client's statements and inviting corrections or additional details?

4. Why is it important to clarify and confirm client instructions during and after an interview?

Introduction

The ability to prepare for and conduct a client interview efficiently is essential for effective legal practice and is assessed directly in SQE2. Effective interviewing goes beyond having legal knowledge; it focuses on gathering accurate information, building trust, and ensuring the client feels understood. This article examines core questioning techniques and listening skills essential to the client interview, setting out how these skills are assessed and applied in practice.

Interview Structure and Purpose

A successful client interview has clear objectives:

• Elicit all relevant facts.
• Identify the client’s aims, concerns, and expectations.
• Clarify ambiguities or gaps in information.
• Enable you to give accurate and relevant advice.
• Ensure that both lawyer and client understand the next steps.

Careful use of questioning and listening techniques is the key to achieving these goals.

Types of Questions

Understanding the different forms of questioning—and when to use each type—is fundamental.

Key Term: open question
An open question invites the client to provide information in their own words, without restriction, encouraging narrative and examination of facts.

Key Term: closed question
A closed question confines the answer to a limited range (e.g. yes/no), controlling the client’s response and enabling confirmation of details.

Key Term: leading question
A leading question suggests the desired answer within its wording and should generally be avoided with clients when seeking factual information on disputed matters.

Key Term: funnel questioning
Funnel questioning is the technique of starting with broad, open questions and progressively narrowing down with more specific or closed questions, allowing detailed information to be gathered efficiently.

Other useful question types include:

• Probing questions: Seek further detail or clarification (e.g. “Can you tell me exactly what happened after that?”).
• Multiple-choice questions: Present the client with specific alternatives (used sparingly).
• Reflective questions: Summarise or paraphrase previous answers to check for mutual understanding.

Questioning Sequence

A typical sequence may start with an open question to establish context, then use funnel questioning to focus on details, and finally closed questions for confirmation.

Worked Example 1.1

A client comes to see you about a workplace accident and seems uncertain at first.

Question: What sequence of questioning would best enable you to get a clear factual account and relevant details?

Answer:
Begin with an open question (“Can you tell me what happened on the day of the accident?”), then use funnel questioning to explore timing, people involved, and actions, finishing with closed questions for confirmation (“So, you left work at 5 pm—is that correct?”).

Active and Reflective Listening

Just asking the right questions is not enough—listening skills are equally essential.

Key Term: active listening
Active listening involves fully concentrating on the client’s statements, monitoring verbal and non-verbal cues, and responding to demonstrate understanding.

Key Term: reflective listening
Reflective listening is the practice of summarising or repeating back key points to the client, ensuring clarity and inviting correction or elaboration.

Benefits of good listening skills include:

• Building trust and rapport.
• Identifying the client’s priorities.
• Recognising emotional concerns or hidden information.
• Ensuring nothing important is missed or misunderstood.

Effective listening is shown by:

• Making eye contact, nodding, and maintaining an open posture.
• Using prompts (“Go on,” “Tell me more”), not filling every silence.
• Checking understanding (“So, you felt you had no choice—have I got that right?”).

Worked Example 1.2

A client is visibly distressed when recounting events. You notice she keeps mentioning a recurring financial issue.

Question: How can you use listening skills to ensure you fully understand both her legal problem and her priorities?

Answer:
Use active listening techniques to allow her to share her account without interruption. Then use reflective listening to summarise (“You mentioned being stressed about finances as well as the accident—is that correct?”). This encourages clarification and reveals all relevant concerns.

Balancing Questioning and Listening

The most effective interviews strike a balance: well-structured, purposeful questioning combined with attentive listening. Avoid dominating the conversation or failing to pick up on cues when the client is reluctant or emotional.

Worked Example 1.3

You are conducting a first meeting with a client who gives inconsistent accounts of an incident.

Question: How should you approach questioning and listening to clarify the facts?

Answer:
Begin with non-judgemental, open questions. Listen actively to both the facts and how the client presents them. Use reflective listening to summarise and highlight inconsistencies in a supportive way (“You said earlier you left at 5 pm, but now it sounds like it was later—could you help me clarify that?”). Avoid leading questions about central, disputed facts.

Common Pitfalls

Exam Warning

For SQE2, avoid leading questions on disputed issues during the interview. Only use them to confirm non-controversial details. Leading a client may result in unreliable instructions and can be penalised in assessment.

Common mistakes include:

• Overuse of closed questions, which restricts the client’s narrative.
• Interrupting or finishing the client’s sentences, signalling impatience.
• Ignoring emotional cues, which may result in incomplete instructions.

Revision Tip

Practice moving from open to closed questions on past SQE2 scenarios. Focus on listening for facts, ambiguities, and areas needing clarification—not just the client’s answers but also the way they respond.

Recording Instructions

Accurate note-taking during the interview is essential.

Key Term: note-taking
The process of making a contemporaneous record of client instructions, facts, and decisions, ensuring reliability for future reference and follow-up.

Explain to the client at the outset that you will take notes to ensure correctness. Summarise key points at the end and confirm understanding.

Managing Challenging Interviews or Clients

Some interviews require you to adjust your approach—for example, where the client is reluctant, upset, or over-disclosing. Be patient, maintain control politely, and redirect the discussion as needed without appearing dismissive.

Worked Example 1.4

A client avoids answering questions about an important incident.

Question: What techniques should you use to obtain the necessary details while maintaining rapport?

Answer:
Use gentle, open questions, explain the need for information, assure confidentiality, and give the client time to answer. If necessary, explain how answering facts will help resolve their issue. Avoid pressure or judgement.

Key Point Checklist

This article has covered the following key knowledge points:

• Different types of questions used in client interviews and their functions.
• Open and closed questioning, leading, funnel, and reflective questioning.
• The significance of active and reflective listening for gathering complete, accurate instructions.
• The importance of accurate note-taking to preserve the client’s instructions.
• Managing challenging client behaviour using questioning and listening skills.
• Avoidance of leading questions on contentious issues in SQE2 assessments.

Key Terms and Concepts

• open question
• closed question
• leading question
• funnel questioning
• active listening
• reflective listening
• note-taking