Client Interview1
Teacher Name:
Student Name:
________________________________________
Interview date:
CATEGORY
Preparation
Example:
1
Proficient
Competent
Emerging
Unprofessional
Before the interview, the
student independently
thoroughly reviewed the
file, did sufficient legal
research to develop a clear
understanding of the law,
coordinated with case
partner and developed an
appropriate plan for the
Before the interview, the
student with minimal
assistance thoroughly
reviewed the file, did sufficient
legal research to develop a
clear understanding of the
law, coordinated with case
partner and developed an
appropriate plan for the
Before the interview, the
The student did not
student needed considerable prepare before the
supervision to thoroughly
interview.
reviewed the file, did
sufficient legal research to
develop a clear
understanding of the law,
coordinated with case partner
and developed an
I welcome the use of this document by anyone who thinks it would be helpful. Since it is a work in progress, I would appreciate feedback on the document
once you have used it. My email is bburk@albanylaw.edu.
Setting Up the
Interview
Example:
Introductions
Example:
Establishing an
Agenda
Example:
interview.
interview.
appropriate plan for the
interview.
The student set up the
interview by reserving a
conference room and
gathering the necessary
materials without
assistance.
The student set up the
interview by reserving a
conference room and
gathering the necessary
materials with minimal
assistance.
The student required
significant assistance to set
up the interview by reserving
a conference room and
gathering the necessary
materials.
The student needed
assistance in all aspects
of setting up the
interview.
During introductions the
student put the client at
ease through the use of
appropriate ice breakers
and/ or relevant
conversation.
During introductions the
student put the client at ease
through the use of appropriate
ice breakers and / or relevant
conversation with minimal
difficulty.
During introductions the
student demonstrated
significant difficulty when
attempting to put the client at
ease through the use of
appropriate ice breakers and/
or relevant conversation.
During introductions the
student made no attempt
to put the client at ease
through the use of
appropriate ice breakers
and/ or relevant
conversation.
After the initial introductions
the student shared a client
centered agenda by clearly
laying out the student's
understanding of what
would be covered during
the meeting and seeking
meaningful input from the
client on any necessary
modifications to the
agenda.
After the initial introductions
the student was able to share
a client centered agenda with
minimal difficulty by laying out
the student's understanding of
what would be covered during
the meeting and seeking
meaningful input from the
client on any necessary
modifications to the agenda.
After the initial introductions
the student demonstrated
significant difficulty when
attempting to share an
agenda with the client.
After the initial
introductions the student
immediately started
questioning the client
without discussing an
agenda for the meeting.
Gathering the facts When gathering information
the student demonstrated
confidence and fluency by
Example:
asking appropriate open
ended questions to solicit
the necessary information.
When gathering information
the student was able to ask
open ended questions to
solicit the necessary
information with minimal
difficulty.
When gathering information
the student demonstrated
substantial difficulty when
attempting to ask open
ended questions to solicit the
necessary information.
The student made
minimal attempts to use
open ended questions to
gather information or to
solicit the necessary
information.
Follow-up
Questions
The student listened
carefully to the client and
asked relevant follow-up
questions without difficulty.
The student listened carefully
to the client and, with minimal
difficulty, asked some relevant
and follow-up questions.
The student demonstrated
difficulty in listening to the
client and in asking relevant
follow-up questions.
The student did not ask
any follow-up questions.
Primarily through the use of
open ended and follow up
questions, the student
successfully and efficiently
gathered the information
necessary to proceed
including: the client's story,
appropriate background
information, the cast of
characters, the chronology
of the events, the client's
understanding of the legal
process and the clients
goals.
Primarily through the use of
open ended and follow up
questions and with minimal
difficulty the student
successfully gathered most of
the information necessary to
proceed including: the client's
story, appropriate background
information, the cast of
characters, the chronology of
the events, the client's
understanding of the legal
process and the clients goals.
When asking questions the
student demonstrated
substantial difficulty (such as
making assumptions or
judgments) which interfered
with the student’s ability to
gather the necessary
information to proceed.
The student failed to
gather sufficient
information to proceed
with representation
without another meeting.
The student demonstrated
professional interpersonal
skills throughout the
interview by maintaining
good eye contact, showing
sensitivity to the client's
concerns, providing
With minimal difficulty the
student demonstrated
professional interpersonal
skills through most of the
interview by maintaining good
eye contact, showing
sensitivity to the client's
The student demonstrated
significant difficulty with
professional interpersonal
skills throughout the interview
by struggling with one or two
of the following: maintaining
good eye contact, showing
The student failed to
demonstrated
professional
interpersonal skills
during the interview.
Example:
Sufficency of
questions
Example:
Rapport
Example:
Active Listening
Example:
Notetaking
Example:
intermittent positive social concerns, providing some
feedback and by using of
positive social feedback and
appropriate body language. by using appropriate body
language.
sensitivity to the client's
concerns, providing
intermittent positive social
feedback, and using
appropriate body language.
The student demonstrated
fluency in active listening
by maintaining good eye
contact, asking meaningful
follow up questions,
responding appropriately to
body language and using
silence effectively.
With minimal difficulty the
student demonstrated active
listening by maintaining good
eye contact, asking
meaningful follow up
questions, responding
appropriately to body
language and using silence
effectively through most of the
interview
The student demonstrated
The student did not
significant difficulty with
demonstrate any active
actively listening by having
listening.
only intermittent eye contact,
failing to ask necessary
follow up questions, not
responding to body
languages, speaking to cover
any silence or allowing long
awkward pauses
The student took
occasional notes during the
interview in a way that did
not interfere with client
rapport or fact gathering.
Student maintained focus
on the client. Notes were
added to immediately after
the interview so facts were
not lost.
The student took occasional
notes during the interview, but
usually maintained focus on
the person rather than the
notes. No additional notes
were taken.
The interviewer took notes
The interviewer took no
during the interview, but did notes during or after the
so in a way that interrupted interview.
the "flow" of the information
and rapport with the client.
Additional notes may, or may
not, have been taken.
The student demonstrated
some ability to without
assistance depart from the
plan for the interview when
the unexpected occurred.
The student struggled with
the ability to depart from the
plan for the interview when
the unexpected occurred.
Responding to the The student demonstrated
Unexpected
the ability to effortlessly and
without assistance depart
from the plan for the
Example:
interview when the
unexpected occurred.
The student was not able
to depart from the plan
for the interview when
the unexpected
occurred.
Goals and Interests After helping the client to
understand the nature of
the problem form a legal
standpoint, the student Is
Example:
able to demonstrate fluency
in facilitating the client's
articulation of their interests
and concrete goals
consistent with those
interests.
After helping the client to
understand the nature of the
problem form a legal
standpoint, the student is
able, with minimal difficulty, to
demonstrate facilitating the
client's articulation of their
interests and concrete goals
consistent with those
interests.
The student displays
significant difficulty in helping
the client to understand the
nature of the problem form a
legal standpoint and in
facilitating the client's
articulation of their interests
and concrete goals
consistent with those
interests.
The student is unable to
solicit a useful statement
from the client regarding
the client’s goals and
interests
Providing
Information - The
Clinic
Without depending upon a
script, the student is able to
explain to the client how the
clinic works using language
that is clear, concise and
understandable.
Without depending upon a
The student depends on a
The student does not
script, the student is able, with script when explaining to the explain to the client how
minimal difficulty, to explain to client how the clinic works.
the clinic works.
the client how the clinic works
using language that is clear,
concise and understandable.
Without depending upon a
script, the student is able,
without difficulty to explain
the retainer agreement to
the client, correctly
complete the empty fields
on the form, and obtain
informed consent including
the client's signature on the
form.
Without depending upon a
script, the student is able, with
minimal difficulty, to explain
the retainer agreement to the
client, correctly complete the
empty fields on the form, and
obtain informed consent
including the client's signature
on the form.
The student demonstrates
substantial difficult (possibly
depending upon a script) in
attempts to explain the
retainer agreement to the
client, correctly complete the
empty fields on the form,
and obtain informed consent
including the client's
signature on the form.
The student is unable to
explain the retainer
agreement to the client,
or to correctly complete
the empty fields on the
form, or obtain informed
consent including the
client's signature on the
form.
Without depending upon a
script, the student is able,
without difficulty to explain
the releases to the client,
correctly complete the
Without depending upon a
script, the student is able, with
minimal difficulty to explain
the releases to the client,
correctly complete the empty
The student demonstrates
significant difficulty when
attempting to explain the
releases to the client,
correctly complete the empty
The student is unable to
explain the releases to
the client, or to correctly
complete the empty
fields on the form or
Example:
The Retainer
Agreement
Example:
Releases
Example:
empty fields on the form
and obtain informed
consent including the
client's signature on the
form.
fields on the form and obtain
informed consent including
the client's signature on the
form.
fields on the form and obtain obtain informed consent
informed consent including
including the client's
the client's signature on the signature on the form.
form.
Without depending upon a
script, the student is able,
without difficulty to explain
the concepts of
attorney/client privilege and
confidentiality to the client,
correctly and using
language that is clear to the
client.
Without depending upon a
script, the student is able, with
minimal difficulty to explain
the concepts of attorney/client
privilege and confidentiality to
the client, correctly and using
language that is clear to the
client.
The student is able, with
significant difficulty to explain
the concepts of
attorney/client privilege and
confidentiality to the client,
correctly and using language
that is clear to the client.
The student is unable to
explain the concepts of
attorney/client privilege
and confidentiality to the
client, correctly and
using language that is
clear to the client.
When asked a question by
the client the student is
able, without difficulty, to
provide a relevant, accurate
and appropriate response
including when necessary
admitting when he or she
does not know the answer
and when the student will
get back to the client with a
fuller response.
When asked a question by the
client the student is able, with
minimal difficulty, to provide a
relevant, accurate and
appropriate response
including when necessary
admitting when he or she
does not know the answer
and when the student will get
back to the client with a fuller
response.
When asked a question by
the client the student is
demonstrates significant
difficulty, in providing a
relevant, accurate and
appropriate response,
When asked a question
by the client the student
is unable to provide a
relevant, accurate and
appropriate response.
Agreement on Next Before the end of the
Steps
meeting the student is able,
without difficulty. to
Example:
demonstrate that s/he has
reached agreement with
the client on the next steps
that will be carried out by
Before the end of the meeting
the student is able, with
minimal difficulty, to
demonstrate that s/he has
reached agreement with the
client on the next steps that
will be carried out by our
Before the end of the
meeting the student shows
significant difficulty in
attempts to demonstrate that
s/he has reached agreement
with the client on the next
steps that will be carried out
Before the end of the
meeting the student is
unable to demonstrate
that s/he has reached
agreement with the client
on the next steps that will
be carried out by our
Providing
Information Confidentiality
Example:
In Response to
Questions
Example:
Closure
Example:
our office and by the client. office and by the client.
by our office and by the
client.
office and by the client.
Before the end of the
meeting and without
difficulty, the student
encourages the client to
ask questions, makes sure
the client understands
when and how to contact
the student and the
importance of keeping the
student informed.
Before the end of the
meeting the student
demonstrates substantial
difficulty in the ability to
encourage the client to ask
questions, make sure the
client understands when and
how to contact the student
and the importance of
keeping the student
informed.
Before the end of the
meeting the student does
not encourage the client
to ask questions, make
sure the client
understands when and
how to contact the
student and the
importance of keeping
the student informed.
Before the end of the meeting
and with minimal difficulty, the
student encourages the client
to ask questions, makes sure
the client understands when
and how to contact the
student and the importance of
keeping the student informed.
This rubric is based on the following resources:
(1) Albany Law School Law Clinic and Justice Center’s Grading Criteria
(2) The Legal Writing Handbook, Oates & Enquist, 4th edition Aspen Publishers
(3) Legal Analysis and Writing, Wellford, Lexis-Nexis Electronic Authors Press
(4) The Legal Research and Writing Handbook A Basic Approach for Paralegals, Yelin and Samborn, 4th edition Aspen
Publishers
(5) A Lawyer Writes A Practical Guide to Legal Analysis, Coughlin, Malmud & Patrick, Carolina Academic Press
Evaluation of the student is based on the following stages of professional development:
Proficient Professional - The student in this category exhibits the following:
 Strong professional judgment.
 Outstanding interpersonal skills.
 Works independently and collaboratively depending on the needs of the case, project, or presentation.
 Resourcefulness in using professional teachings and readings in a creative manner, including the ability to modify the
materials to suit the task.
 Utilization of a holistic, client-centered approach to problem-solving different aspects of a case.
 Consistently reflects on tasks and interactions with clients, supervisors, clinic colleagues, courts, etc. in a thoughtful manner
that encompasses integration of the complex nature/different facet(s) of the problems present.
 Awareness of experiential and information deficits, which is shown by recognizing when sufficient experience or
information is lacking to fully understand a problem, and then taking steps to identify resources and actions needed to fill the
gap of knowledge.
 Ability to spot issues of a legal and a non-legal nature without prompting by supervisor.
 Strong understanding and consistent adherence to the ethical rules that apply to the case.
 Consideration of the economic, social, ethical, and emotional issues that impact the case rather than sticking to a purely legal
approach.
 Strong reflective and corrective skills that are evident in verbal interactions with supervisors, clients, and clinic colleagues, as
well as in written work products, such as reflective journals and papers.
 Efficiently uses case reviews, by working with peers and/or supervisors, in a collaborative manner, to see the case as a whole
and to identify possible solutions.
 Strong leadership skills by regularly assisting, in a supportive and productive manner, fellow students in a way that achieves
a greater understanding of the situation(s) presented.
 Effectively allocates time, effort and other resources necessary to carry out tasks in a timely and professional manner.
 Adheres to firm’s office procedures and engages in reliable file management.
Competent Professional - The student in this category exhibits the following:
 Good professional judgment.
 Strong interpersonal skills, with only occasional prompting.
 Strives to work well independently and collaboratively, but may need assistance in identifying the most appropriate means to
get a particular job done.
 Resourcefulness in using professional teachings and readings in a creative manner, including the ability to modify the
materials to suit the task; however, input by the professor is occasionally necessary to clarify objectives and tasks.
 Strives to utilize a holistic, client-centered approach to problem-solving different aspects of a case, but may occasionally
need some assistance to be successful.
 Some ability to actively reflect on tasks and interactions with clients, supervisors, clinic colleagues, courts, etc. while striving
to encompass integration of the complex nature/different facet(s) of the problem(s) present.
 With minimal assistance, student is able to identify when sufficient experience or information is lacking to fully understand a
problem, and then takes steps to identify resources and actions needed to fill the gap of knowledge.
 Ability to spot issues of a legal and a non-legal nature with minimal prompting by supervisor.
 With minimal prompting by professor, shows an understanding of and adherence to the ethical rules that apply to the case.
 With minimal prompting, is able to identify and consider the economic, social, ethical, and emotional issues that impact the
case rather than sticking to a purely legal approach.
 With prompting, presents good reflective and corrective skills in verbal interactions with supervisors, clients, and clinic
colleagues, as well as in written work products, such as reflective journals and papers.
 Strives to use case reviews, by working with peers and/or supervisors, in a collaborative manner, to see the case as a whole
and to identify possible solutions.
 Demonstrates good leadership skills by assisting, in a supportive and productive manner, fellow students in a way that
achieves a greater understanding of the situation(s) presented.
 Only occasionally miscalculates the time, effort and other resources necessary to carry out tasks in a timely and professional
manner.
 With minimal prompting, adheres to firm’s office procedures and engages in reliable file management
Emerging Professional: The student in this category exhibits the following:
 Emerging professional judgment with dependence on assistance to complete many tasks.
 Good interpersonal skills, but needs assistance in recognizing appropriate professional demeanor.
 Strives to work well independently and collaboratively, but needs assistance in identifying the most appropriate means to get
a particular job done.
 With assistance, will attempt to use professional teachings and readings to guide casework, and will attempt to recognize
needed modifications to suit the task.
 Strives to utilize a holistic, client-centered approach to problem-solving different aspects of a case, and shows good judgment
in regularly seeking the assistance necessary to be successful.
 Ability to actively reflect on tasks and interactions with clients, supervisors, clinic colleagues, courts, etc. while striving to
encompass the integration of the complex nature/different facet(s) of the problem(s) present.
 With assistance, able to identify when sufficient experience or information is lacking to fully understand a problem, and then
shows good judgment in regularly seeking assistance to identify resources and actions needed to fill the gap of knowledge.
 Ability to spot issues of a legal and a non-legal nature with some prompting by supervisor.
 Understanding of the ethical rules and showing good judgment in seeking out assistance to figure out how to adhere to the
rules that apply to the case.
 Good judgment in seeking out assistance to identify, and consider, the economic, social, ethical, and emotional issues that
impact the case and shows desire to avoid sticking to a purely legal approach.
 Reflective and corrective skills in verbal interactions with supervisors, clients, and clinic colleagues, as well as in written
work products, such as reflective journals and papers.
 Active participation in case reviews; responds positively to feedback from others when having difficulty seeing the case as a
whole and/or identifying possible solutions.
 Strives to assist fellow students to achieve a greater understanding of the situation(s) presented.
 Frequently miscalculates the time, effort and other resources necessary to carry out tasks in a timely and professional
manner.
 Seeks support from faculty and staff to ensure adherence to firm’s office procedures and to engage in reliable file
management.
Unprofessional: The student in this category:
 Does not display professional judgment and an inability to complete all tasks assigned despite the ongoing need to do so.
 Displays inappropriate interpersonal skills.
 Demonstrates lack of awareness of his/her substantial difficulty with working independently and/or collaboratively.
 Lacks awareness of the value of utilizing a holistic, client-centered approach.
 Does not demonstrate the ability to actively reflect on tasks and interactions with clients, supervisors, clinic colleagues,
courts, etc.
 Does not demonstrate an understanding of when (s)he lacks experience or information needed to understand a problem, and
does not seek assistance to identify resources and actions needed to fill the gap of knowledge.
 Does not demonstrate the ability to spot issues of a legal and a non-legal nature with prompting by supervisor.
 Does not demonstrate an understanding of the ethical rules, and does not seek assistance to determine how to apply the rules
to the case.
 Sticks to a purely legal approach when working on cases without considering the economic, social, ethical, and emotional
issues that impact the case.
 Does not demonstrate reflective and corrective skills in verbal interactions with supervisors, clients, and clinic colleagues, as
well as in written work products, such as reflective journals and papers.
 Does not actively participate in case reviews, or participates in a disrespectful manner.
 Does not assist fellow students when appropriate.
 Regularly miscalculates the time, effort and other resources necessary to carry out tasks in a timely and professional manner.
 Does not adhere to firms office procedures and/or engage in reliable file management.