PastPaperHero | Interview preparation and conduct - Questioning techniques and listening skills

Learning Outcomes

This article covers effective client interview skills for SQE2, including:

Planning and structuring client interviews using Welcome–Acquire–Supply–Part and clear objectives
Distinguishing and deploying question types: open, closed, leading, funnel, inverted funnel, probing, reflective, and multiple‑choice
Sequencing questions logically from narrative to detail to confirmation, and adapting style to context
Using silence, minimal encouragers, and signposting to maintain control and elicit full accounts
Practising active, reflective, passive, responsive, and receptive listening to build rapport and accuracy
Balancing questioning with listening; summarising neutrally to clarify ambiguities and inconsistencies
Handling documents, timelines, and simple diagrams to obtain precise facts without coaching or leading
Recording instructions through clear, contemporaneous notes, end‑summaries, and prompt written confirmation
Managing time pressure and challenging clients (hesitant, over‑talkative, emotional, vulnerable) with adaptable techniques
Observing ethical boundaries: avoiding leading on disputed matters; confirming non‑controversial details efficiently
Identifying and avoiding common pitfalls and barriers to effective listening and interview control
Applying these techniques to realistic scenarios and SQE2 assessment requirements

SQE2 Syllabus

For SQE2, you are required to understand interview preparation and conduct in detail, with a focus on the following syllabus points:

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
tailoring interview techniques to suit different client types and interview contexts (e.g. time-limited or stressful situations)
planning the interview using a clear structure (e.g. Welcome–Acquire–Supply–Part) and signposting transitions
using documents, timelines, and simple diagrams to elicit precise facts without leading
avoiding coaching and improper leading on contentious issues, while using leading questions appropriately to confirm non-contentious details
managing time, silence, and interruptions, and overcoming barriers to listening (environmental, cognitive, and emotional).

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.

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
True or false? Leading questions should be avoided when exploring disputed matters with a client in an interview.
Which listening skill involves summarising the client's statements and inviting corrections or additional details?
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.

A practical way to structure an interview is to work through a simple four-stage framework that mirrors a well-run client meeting:

Welcome: greet, set expectations, and explain confidentiality and note-taking.
Acquire information: encourage the client’s narrative using open questions, silence, and funneling.
Supply information and advise: explain options, risks, and next steps in plain language.
Part: recap instructions, confirm action points and timelines, and explain contact arrangements.

Clarity of purpose and control of structure help you elicit relevant facts, understand objectives, and give accurate advice within the available time.

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. Signposting transitions (e.g. “I’ll next ask about timings and witnesses”) keeps the interview coherent and reassures the client that you are in control and attentive.

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.

Key Term: inverted funnel
The inverted funnel starts with specific, closed questions and broadens out to explore wider issues. It is useful when clarifying key details quickly before exploring context or when moving from details to options and advice.

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. The inverted funnel can be used when time is short or when decisive details must be confirmed before broader analysis (e.g. limitation dates, court deadlines, or whether a dismissal letter exists).

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.

Key Term: passive listening
Quiet, attentive listening with minimal responses; it allows uninterrupted narrative but offers little feedback.

Key Term: responsive listening
Listening with brief verbal or non-verbal encouragers (e.g. nods, “I see”) that support the client without steering content.

Key Term: receptive listening
Listening that, where appropriate, conveys empathy (e.g. “I’m sorry this is difficult”) without taking over or judging the account.

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?”).

Use the different listening modes purposefully. For narrative recall, begin with passive/responsive listening so the client can speak freely. Switch to active listening (summaries) at natural pauses to confirm and tidy understanding, and use receptive listening when emotions surface so the client feels acknowledged before you probe further.

Silence is a tool. After asking a thoughtful question, allow space. Clients often add critical details if given time.

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.

Tailor style to the client and your purpose. Use a supportive, plain-language style with a first-time client; move to a more structured, concise style when time is short or when you need precise details (dates, amounts, names). If a client’s account appears inconsistent, do not cross-examine; instead, use neutral summaries to highlight differences and invite clarification.

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.
Asking double-barrelled questions or using jargon that the client does not understand.
Failing to signpost topic changes, which confuses the client and wastes time.
Coaching by suggestion—feeding answers or proposing explanations the client has not volunteered.
Neglecting to summarise and confirm instructions, leading to unresolved ambiguities.

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.

Practical points for high-quality notes:

Obtain permission to take notes and explain why you will sometimes pause to capture details.
Record who said what and when: names, dates, times, amounts, document titles, and agreed actions.
Avoid verbatim transcription; note material facts, uncertainties, and any advice given or caveats.
Mark unresolved points and follow-ups (e.g. “Obtain letter dated 14/02; confirm insurance policy number”).
Keep notes legible and structured (headings, bullet points, and space for additions). If using a device, maintain eye contact and avoid screen-dominating; consider brief pauses to type.
At the close, recap instructions and next steps in the client’s words where possible and invite corrections. Confirm in writing promptly.

Using documents and visuals in questioning:

Ask the client to identify and explain key documents; avoid suggesting content. Read or highlight only relevant passages you will ask about.
Consider simple timelines or sketch plans for clarity (e.g. accident locus or sequence of events). Invite the client to annotate rather than you pre-drawing conclusions.
Remove documents/diagrams from view when not needed; they can distract from careful listening and recall.

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.

Worked Example 1.5

You are taking instructions in a boundary dispute. The client describes fence movements vaguely and mentions photos and a title plan.

Question: How can you use documents and visuals to clarify without leading?

Answer:
Begin with open questions to obtain the client’s narrative. Then invite the client to mark a copy of the title plan to show fence positions “then” and “now”, using different colours. Ask probing, neutral questions tied to the plan (“On your mark here, when was the post moved?”). Review photos last to confirm dates and views. Avoid suggesting where the boundary lies; instead, ask the client to identify landmarks and explain what they show.

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.

Practical adjustments:

Hesitant clients: use open invitations and silence; normalise difficulty recalling detail; anchor recall with neutral prompts (dates, locations).
Over-talkative clients: respectfully summarise and refocus (“That’s helpful—can we come back to the accident time line so I capture the key moments?”). Use a written agenda on the table.
Emotional clients: acknowledge feelings (receptive listening), pause if needed, then signpost a return to facts.
Clients with limited experience or vulnerability: slow the pace, avoid jargon, check understanding frequently, and invite questions.
Potentially unreliable accounts: remain non-judgemental and objective. Use summaries to highlight gaps and seek clarification without accusation.

Worked Example 1.6

You have a 20‑minute slot before a hearing to interview a defendant who is anxious and verbose.

Question: How do you control time and still obtain reliable instructions?

Answer:
Start with a concise explanation of the agenda and time available. Use an inverted funnel to confirm decisive details first (plea, basis, key dates, known witnesses, documents), then broaden to elicit context if time allows. Use closed questions for confirmations, open questions for any unresolved material point, and summarise at each transition. End with a clear recap of next steps and what the client must do.

Additional Guidance on Planning and Style

Planning questions

Prioritise the core factual issues and the client’s objectives before the interview.
Prepare topic headings and a flexible sequence rather than a rigid script; draft verbatim only any sensitive, high‑risk questions where wording matters (to avoid leading).
Build in time for a final catch‑all question (“Is there anything important we haven’t covered?”) and for your closing summary.

Establishing trust and rapport

Explain the purpose and limits of the interview (including confidentiality and your need to ask detailed questions).
Invite the client to say if they do not understand a question and to correct your summaries.
Periodically acknowledge their cooperation and explain how their answers help you advise effectively.

Barriers to listening

Manage environment: minimise noise, interruptions, and poor seating arrangements.
Address physical distractions: offer water and breaks if needed.
Guard against prejudice and assumptions: test your preliminary view against what the client actually says.
Be attentive to accents, speech difficulties, or unfamiliar terminology; ask courteously for repetition or clarification.

Signs you—and the client—are listening well

Comfortable eye contact, appropriate posture mirroring, short nods, and logical follow‑up questions.
The discussion remains on topic, with cooperative tone and timely corrections to summaries.

Ethical boundaries and reliability

Do not suggest facts you know or suspect are untrue, and do not coach clients on what to say about disputed matters.
Use leading questions only to confirm uncontroversial information (spellings, dates, identity) and to move efficiently when content is agreed.

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, inverted funnel, probing, and reflective questioning.
The significance of active and reflective listening for gathering complete, accurate instructions.
Using silence, minimal encouragers, and summaries to deepen and check understanding.
Planning and signposting to structure interviews and control time.
The importance of accurate note-taking to preserve the client’s instructions, with clear end‑summaries and written confirmation.
Using documents, timelines, and simple diagrams to clarify without leading.
Managing challenging client behaviour using flexible questioning and listening skills while remaining non‑judgemental and objective.
Avoidance of leading questions on contentious issues in SQE2 assessments and in practice.

Key Terms and Concepts

open question
closed question
leading question
funnel questioning
inverted funnel
probing question
multiple‑choice question
active listening
reflective listening
passive listening
responsive listening
receptive listening
note-taking

Interview preparation and conduct - Questioning techniques a...