Client Counselling

Client counselling is a vital skill in which the students of law should be trained.  One of the significant functions of a lawyer is to advise the people who seek assistance in knowing the legal implications of their actions.  The lawyer is looked upon to facilitate decision making in certain critical legal matters.  This function of the lawyer influencing and facilitating decisions is called counselling.   

The word 'Counsel' has its origin in the Latin word 'consilium' which means advice. 

According to Blacks' Law Dictionary, counsel means advice and assistance given by one person to another in regard to a legal matter, proposed line of conduct, claim or contention.  As a matter of fact lawyers are also legal counsels.  Counsellor is an attorney; lawyer; member of the legal profession who gives legal advice and handles the legal affairs of client, including if necessary appearing on his or her behalf in civil, criminal or administrative action and proceedings.

The process of counselling has two functions:

1.  To help the person talk about, explore and understand his or her thoughts and feelings and workout that what he or she might do before taking action.

2.  To help the person decide on his or her own solutions.

Lawyers counsel the client in deciding how his problem can be sorted out under the laws.  Legal counselling is the process by which a lawyer communicates advice to a client.

A client is a person, natural or legal who approaches the lawyer for legal assistance.  The word client has its roots in the Latin word 'clients'.  Client is a person using the services of a professional person or organization.. Counselling is the activity in which one person seeks and in one way or another, pays for help from another person.  It is characterized by need on one side of the relationship, by willingness to help on the other, and by and inter personal contract based on mutual attraction. 

Counselling as a professional activity will involve competence and expertise in addition to mere willingness. Legal counselling is fairly considered a 'service' under the Consumer Protection Act, 1986 making the lawyer accountable for deficiency.

In a counselling relationship the client has to open himself to help and the lawyer has to protect the best interests of his client.  Legal interviewing and counselling is what lawyers do in an office where they see clients one or two at a time, with the door close.    Lawyers elicit information from their clients, which information forms the basis for their advice.  Legal counselling can be for litigation or for planning.  Clients may seek advice as to proper legal course of action before Courts or as to estate, tax or business planning.