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Paralegal skills and establishing an Advice Centre

Practical skills useful for paralegals

Paralegals should all have a basic but sound knowledge of the law and legal procedures. Advising someone about what the law says and what their rights are in a particular case is the first step in any advice giving process. This section looks at practical skills necessary and useful for a paralegal to have in their advice-giving role.

The skills fall under three main headings:

• Communication skills
• Administrative skills
• Development skills

(See Checklist: Best practices for paralegals)

Communication skills

This section looks at how you can develop your communication skills with:

• the person you are trying to help (the client)
• the people you have to contact on behalf of your client, for example the government, an employer or a store manager
• the organisation or community to whom you are accountable as a paralegal

Communication skills can involve the following:

• Interviewing clients
• Taking a statement
• Listening to clients
• Monitoring and evidence-gathering
• Counseling
• Advice-giving and problem-solving
• Referring a client to other organisations or assistance agencies
• Making telephone calls
• Writing letters
• Writing reports

Interviewing clients

The process of interviewing a client is as follows:

• Introduce yourself to the client and (if it is the first time) ask for his or her name and address. Write this down.
• Ask the person why he or she has come for help.
• Work out how willing or able the person is to discuss their problem. Sometimes people find it very difficult to talk about their problems to strangers.
• Listen to the client and don't hurry to conclusions about what you think the problem is.
• Ask the client what steps he or she has already taken to try and solve the problem before coming to see you.
• Discuss with your client what steps you think are necessary to try and sort out the problem. Explain these steps in detail. The client may only need some advice or counseling or can be referred to an specialist agency that can help him or her.
• If you have to do some work on the case, your next step is to take a full statement.

(See Listening skills; Counseling skills; Advice-giving and problem-solving skills; Referrals; Taking a statement)

When you interview someone who comes to you for help it is important to think about the language you use while talking to the person. This refers to the actual language used as well as the level of language.

What language should you use?

It is always better to interview a person in his or her own language. People find it much easier to tell you about their problems in their own language. It makes them feel more at ease and they will be able to explain themselves better. Confusion and misunderstandings often happen when a person has to explain a problem in a language which is not his or her home language. If you cannot speak the language of the person you are interviewing, then you should have someone with you who can translate. If you need to have a translator this person should have a good understanding of both languages and it helps for them to have some basic knowledge of the law.

If you write to your client, you should also try to write the letter in your client's language.

Using the right level of language

It is important that the person or people you are trying to help can understand your words and sentences properly. If you do not explain things plainly and in a way that is easy to understand, you will not be helping your client. Your client will not learn anything from you and will not be able to help you try and sort out the problem.

These are some examples of language problems:

• Using difficult legal words, for example substantive, prescription or discretionary.
• Using a difficult explanation to explain a difficult word, for example, explaining that an interdict is 'a civil remedy calling on the offending party to refrain from harming the applicant' is not as easy to understand as saying that an interdict is 'a special kind of court order which you can get to protect you from some harm or danger'.
• Using foreign or Latin words, for example quid pro quo, rule nisi, inter alia or vis-à-vis.
• Using jargon (words that are usually only clear to a certain group of people), for example workerist, dynamics or concretize.

Taking a statement

A statement is necessary because it helps to keep a record of a client's case. The statement is recorded on a case sheet which is a standard question sheet and this is kept in the client's file. You will do all of your work on the case using the information you wrote down in the first statement and it is therefore very important for you to write down accurate and complete information. (See Example of a simple case sheet; Example of a statement)

The statement is divided into four parts:

• personal details of the client, for example, name, age, address, work details, and so on
• description of the problem
• what advice you gave to the client
• what action can be taken to help the client

Personal details of the client

Write down the standard personal details of the client. The most important details are:

• Full name - check the spelling
• Address - check whether post can be delivered to the address or not. If the person is homeless, ask for the address of a relative who has a fixed home address.
• Identity number - this is often useful for reference purposes
• Age or date of birth - if the person does not know his or her age, then ask if some important event happened in the year he or she was born, for example, a very bad drought which was recorded; this will give you an idea of the year that the person was born.

Description and details of the problem

The details you need will be different according to the different types of problems. For example, in a complaint about non-payment of wages you need to know what work the client was doing and what the wage was supposed to be, as well as the name and address of the employer. To help with a pension application, you need the age and present income of the client.

At the end of each chapter of this manual, there are usually one or two checklists. These include the questions that are important to the topics covered in that chapter. Once you know what kind of problem your client has, the checklists for that chapter can help you remember what questions you should ask your client.

Write down every detail of importance. Rather include information if you are not sure whether it is important or not. It might come in useful at a later stage.

Write down all the details of the problem in the correct date order that things happened.

Advising the client

You must tell your client what his or her rights are. You must then explain what steps can be taken to help him or her.

Then you must listen to your client to find out exactly what he or she wants you to do. These are the 'instructions' that your client gives you. For example, if your cleint was dismissed from a job, don't just take it for granted that he or she wants the job back, even if you feel that the dismissal was unfair. On the other hand, if your client says he or she only wants notice pay, this may be because he or she does not know anything about unfair dismissal and reinstatement. It is up to you to explain to your client about all his or her rights, and then let him or her make her own choices.

If there is something that the client is not clear about, ask him or her to find out that information and bring it to you later.

Write down details of the advice that you gave and 'instructions' that your client gave you.

Taking action to solve the problem

Discuss with your client what steps you will take to try and solve the problem. Make sure the client understands what you are going to do. Be realistic about how much you think you can do for your client and how long it will take to sort out the problem. Do not raise false hopes.

You must then agree on how you are going to report back to your client. This could be by writing a letter to the client or the client coming back to you on a set date.

Write down everything that you do. For example, if you make a telephone call, write this down and what was said in the telephone call. Keep copies of all letters that you write for your client.

Keep copies of all documents in connection with your client's claim, for example, a UIF card in a complaint about UIF benefits, the Instalment Sales Agreement in a problem with hire purchase, and so on. Do not write on original documents. Documents should be stapled to the statement of the client so that they do not get lost.

Example of a simple case sheet

Example of a statement

Affidavits

An affidavit is a written statement which you swear is the truth. Another name for an affidavit is a sworn statement. You sign this statement (with your name, or X if you cannot write) in front of someone called a Commissioner of Oaths. A Commissioner of Oaths can be a magistrate, postmaster, a bank manager, lawyer, members of the South African Police Services (SAPS), and certain priests and social workers.

For example, when you need to prove something (like your age in order to get a pension) and you do not have any written proof that what you are saying is true, then you can put this information in an affidavit.

Usually the same information that is used for an ordinary statement will be used in an affidavit. All that happens is that a lawyer or paralegal will turn the statement into an affidavit by adding some formal words at the beginning and at the end of the statement.

How to draw up an affidavit

1. I __________________________________________________(name of person )
   do hereby make oath and say:
2. I am an adult_______________________________________ (male/female)
   and I live at_________________________________________(address)
3. I am_______________________________________________ (married /single)(unemployed/employed at...)

The statement ....................................................................(fill in what you is true)

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THUS SIGNED AND SWORN TO at __________________. This day of _______________ 2002 the Deponent having acknowledged:

1. That he/she has no objection to taking the oath;
2. He/she deems the oath binding on his/her conscience;
3. He/she understands the contents of this Affidavit and stated that same was all true and correct and uttered the words 'So help me God'.

Example of an affidavit

Listening skills

It is important to listen properly to your client when she or he is telling you about a problem. There are different ways that you can use to show your client that you are listening carefully.

• Use your body to say 'I'm listening':
  • use eye contact and look at your client
  • nod your head
  • say 'yes', 'I see', and so on
• Let your client tell their whole story first while you just listen. Summarise the main points of what your client said in your own words to make sure that you have got the story right.
• Show the client that are sympathetic about his or her problem. The more sympathetic you are towards your client, the more your client will trust you and confide in you.
• Don't be impatient with your client while she or he is telling you about a problem.

If you listen carefully to your client, you will know what help she or he is looking for.

Monitoring skills

What is a monitor?

A monitor is someone who watches and records what is happening - often when there is conflict between two sides. A monitor must be independent, and not take sides. A monitor must also be someone who is reliable and truthful.

Why do we need monitors?

When there is fighting between different groups, for example in a community, or between the police and other people, it helps to have monitors to give evidence about what happened from a non-involved perspective. In any conflict each side will tell a different story. Monitors can help to find out the truth.

You can also monitor situations in your community on an on-going basis. For example, on-going monitoring of human rights abuses will help you build up a broader picture of the human rights situation in your community or country. You can use the information you gather while monitoring to challenge decision-makers in the different spheres of government. So, for example, you could monitor:

• prisons (has the person been given access to a lawyer, has s/he appeared in court within 48 hours/ what are the conditions in prison / what ages are the prisoners / are children in a separate cell etc)
• trials (who was the accused / what was the charge / who was the magistrate or judge / did the accused have a lawyer / what was the final judgement / was there an application to appeal etc)
• hospitals (what types of illnesses or iinjuries are people suffering from / were medicines available/ were patients given proper treatment by doctors / nurses etc
• vulnerable groups living in or near your community such as refugees, women, children, the disabled and minority groups

How do you monitor properly?

If you are monitoring a specific situation then it helps to work together with someone in a pair. Each pair of monitors will monitor a certain area. The pairs must stay in contact with each other. You can do this by having a messenger who can run between pairs passing messages, or you can use a two-way radio.

As a monitor you must stay as close to the action as possible, but be careful not to become involved in the action.

Whether you are doing on-going monitoring or monitoring a specific situation, you must write down and photograph everything that you see happening. If possible, you must take photographs of all the injured people. You must photograph their injuries, with a match or ruler next to the injury (to show the size of the injury). Make sure they see doctors and get medical certificates. This is important later if you have to give evidence in court. It is also useful if you can draw a map of the area and show where people are. (See Preparing for monitoring checklist)

For example, if you were monitoring a policy-community conflict situation these are the important things you should write down:

• the size of the crowd
• how many police are present
• the registration numbers of the police vans and any other vehicles involved in the action
• the names of the police officers present
• the time that the action began
• details of the events in the order that they happened
• the names of the people who are injured or arrested
• what weapons were being used

What follow-up action must you take?

When you are monitoring a specific incident or on an on-going basis you should immediately:

• record what happens: who / what/ where /when on an incident sheet
• concentrate on the most serious abuses
• focus on any group that is targeted for particular treatment.

You should take the following follow-up action:

1. Make sure that people have got a lawyer if this is appropriate (for example, if someone has been arrested or killed).
2. File all your monitoring reports/statements/photographs.
3. Review the available facts and decide what type of action you or your organisation should take. For example:
   • Should there be an immediate full investigation?
   • Do you need to collect further evidence for example, by taking statements from witnesses or victims?
   • Is the complaint so common that your report forms part of a documentation of the facts for possible follow-up action later on?
4. Enter the facts into a simple system for storing information. These statistics can be very useful for different reasons, for example, when you are working out your priorities as an organisation (what issues you want to focus on), when you are meeting decision-makers in government (to put pressure on individuals), when you are meeting with possible donors, and so on.
5. Organise a press conference if this is appropriate or write a report about what has happened and send this to the press.

(See Checklist: Monitoring Follow-up)

Example of an incident sheet

This is an example of an incident sheet for monitoring public events and conflict situations.

Counselling skills

Sometimes people just want to talk to you about their problems and it may not be necessary for you to take any further action. It might be enough for you to counsel someone about ways to deal with a problem. For example, your client might have a problem with noisy neighbours who party through the night and keep her awake. You can suggest different ways to deal with the problem such as asking for a meeting with the neighbour to discuss the problem or getting a mediator in to help mediate between them.

Counselling is a skill used mainly by professional psychologists and social welfare workers. Where the issues raised by an advice seeker can have serious psychological consequences (for example, in the case of a child who has been abused, a person raped, etc) they will need deeper counselling. Paralegals are not trained to provide this service so they should refer the person to a professional.

Advice-giving and problem-solving skills

Sometimes people only need advice to help them with their problems. It is not necessary to take any other action. For example, someone comes to you for help with a grant-related problem. You can then advise her to go to the Department of Social Development for assistance.

As far as possible you should encourage people to try and sort out their problems on their own. Often this means that you give a person some advice and tell them to come back to you if they haven't managed to sort it out. This makes people less dependent on you to solve their problems and it encourages them to take responsibility for dealing with their own problems.

Always make careful notes of the advice you give so that if the person comes back to you later, you can ask the person whether she or he did as you advised.

Referrals

Paralegals often play an important role by linking people with a problem to an appropriate agency that is more qualified and better trained to deal with the problem. This could be a government department or it could be a private welfare agency, NGO, religious body, etc.

Examples of assistance agencies that you may refer a client to include child welfare organizations, organizations against women and child abuse, trade unions for labour issues, the maintenance officer at the court, community development workers for issues linked to local governance, etc.

Paralegals should build up a data base of agencies and contact people as part of their referral service.

Always give the person a covering letter when you refer him or her to another organisation. Explain why you are referring the person to them and what work, if any, you have done on the case. Advise the person to come back to you if the agency refuses or is unable to help.

Telephone calls

Before you make a telephone call, you must make sure that you understand clearly what the problem is about and what you hope to get out of the telephone call. In other words, you must prepare yourself properly before making the telephone call.

Always introduce yourself to the other person. Tell the person you are telephoning on behalf of your client.

Always write down the name of the person to whom you are speaking, and the date and time of the telephone call.

Never change the story of your client. You must only say what your client told you. If you don't know how to answer the other person, say that you must speak to your client again and you will telephone again.

Be polite but firm about your client's rights and never lose your temper over the phone. Try not to become involved in an argument on the telephone, because you might end up saying things that could harm your client.

Make rough notes while you are speaking on the telephone, then write them down in more detail as soon as you have finished. This is because it is not always possible to remember everything that was said on the telephone. You might have to remember the details later for a court case.

If you reach any agreement with the other person, you must confirm what you agreed in a letter to that person.

Letter-writing skills

Always include in a letter:

• your own address (or the address that the person getting the letter must write back to)
• the address of the person to whom you are writing
• the date

Start your letter by saying that you are writing on behalf of your client.

Set out clearly in your letter the details of your client's complaint.

Say exactly what it is you want from the person you are writing to. In other words, say what the person you are writing to must do about the complaint.

Remember to include information that can help to identify your client, for example, identity number, work numbers, pension number, UIF number, Compensation for Occupational Injuries case number, and so on.

Make sure that your letter is signed and has the date on it before you send it out. If possible, get another person to check your letter before you post it.

Keep a copy of all letters written in your client's file, including any hand-delivered letters.

Some standard letters can be photocopied to cut down on typing load. Type the main part of the letter that always stays the same, leaving blanks to fill in the things that change like the client's name. Photocopy the standard letter and then every time you need this kind of letter you just fill in the blanks.

Examples of such letters are:

• letter asking client to call at the office
• letters of referral, for example to another assistance agency
• letters of referral to the Small Claims Court

There are standard MODEL LETTERS in this manual. These letters are there to give you some guidance on what to include in typical letters you may have to write. For example, you will often have to write a letter of demand asking someone to do something, like pay your client money that is owing.

Model letter showing layout of a letter

Report-writing

Reports are written to report back about what a person, group or committee has done.

Paralegals might have to write regular reports on their work for their management structures, for donors and partner organizations.

A community-based paralegal who is monitoring a situation in a community, for example a demonstration, should write a report on what was witnessed. This should include relevant dates, times, venue, people involved, etc.

Office-bearers in an organisation should also write regular reports, for example a treasurer can write a monthly report on the finances of the organization, a community liaison person should write a brief report on meetings attended on behalf of the organization and the outcomes of those meetings. Report-writing is a very important communication tool which enables people to share information in a structured way and it means everyone is kept informed on what is happening.

Planning a report

Whenever you write a report remember to follow certain planning steps:

• Ask yourself:
  Who am I writing for?
  What do I want to tell them?
  Why should they know this?
• List the things you want to say
• Plan the order in which you will put things
• Write the report

Reports to funders

Here is a simple outline for a report for donors (after they have given money):

• Introduction
• Achievements of the organization in terms of the funding proposal - describe what you have done and link this to what you said you would do when you asked the donors for money.
• Plans for the next year
• Financial statement
  A full financial statement and records, to show how you have spent the money.

Reports to your own members or to a community

These reports are usually given verbally in a meeting. Here is a useful outline to make sure you come across clearly:

1. Issue
   Explain what issue is covered by the report.
2. Facts
   Give people the basic facts about the issue or any events that have taken place.
3. Options
   Often you report on something where the meeting must make a decision. Try to outline the main options open to people.
4. Proposal
   Say which option you think is the best one, or propose a clear way forward. The meeting may disagree, but the proposal provides a good starting point for discussion.

Example of an Annual General Meeting report

Using the media

Media is an important communications tool that can be used to help organisations communicate with other people. Examples of media that can be used are pamphlets, posters, newsletters, badges, banners, T-shirts, newspapers, radio and television.

How can you use the media?

You can use media to:

• inform other people about a situation or an event, or about an organisation. For example, you can use media to inform people that pensions are a legal right;
• explain facts to people, for instance why pensions are a legal right. This educates people about pensions;
• politicise people, to make people more aware of what is happening around them. For example, you can link pension problems to a campaign against corruption;
• ask people to do something; this is called mobilizing - for example, you can try to mobilise people to protest by coming to a meeting;
• advertise an event.

Making media

Making media includes, creating posters, pamphlets, drama shows with the purpose of communicating a message to people. It is important to know what your aim is when you decide to use media. For example, if you are planning a pamphlet or a poster you must think about:

• the aim of the pamphlet or poster
• who the pamphlet or poster is for (the target group)
• what you want to say (the content)

The design of the pamphlet or poster is also very important. Remember these things:

1. Make the language easy to read.
2. Use different kinds of headings such as underlining, boxes, capitals. Most computers can be used to make attractive pamphlets by changing the font size for different headings.
3. Arrange the writing in different ways.
4. Use pictures.
5. Don't make the design too cluttered so that it becomes confusing or unreadable.

What the law says about pamphlets and posters

The pamphlet must include the name of the organisation who produced the pamphlet, an address and who printed the pamphlet.

You must get permission from the local council in your area if you want to put up any posters in public. In many areas you have to pay a deposit.

Newsletters

Newsletters are the newspapers of the organisation. Newsletters usually come out regularly, for example four times per year, or every two months. They take a lot of work to produce.

Before deciding to have a newsletter you should decide if:

• there are enough people to work on the newsletter
• there is enough money to pay for it
• there are some experienced people who can help with producing the newsletter