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	Murdoch University Electronic Journal of Law

Review of: "Legal Interviewing: Theory Tactics and Techniques" by KA Lauchland and MJ Le Brun (Butterworths Skills Series, 1996) xix + 202pp

Author:	Neil McLeod B Ec (Hons), LLM, PhD Professor of Law, Murdoch University School of Law
Issue:	Volume 4, Number 1 (March 1997)

1. Above all else, this is a practical workbook for students wishing to take part in a series of Legal Interviewing exercises, either within a structured University course, or within a student run competition. The subtitle, 'Theory, Tactics and Techniqu es' might lead some purchasers to anticipate a more academic treatment. This is not to say that theory is ignored. But the treatment is pitched at the undergraduate reader. Indeed the book has something of the feel of course materials. The patient and careful discussion will prove very serviceable to students (but has no more literary excitement than can be reasonably expected from a good manual, or 'Teach Yourself' book).

2. Courses in Legal Interviewing are surprisingly rare in Australian Law Schools, and 'practical' courses in general are considered by some academics to be necessary evils at best. This book goes a long way towards demonstrating why this should not b e so (and in equipping students and academic with a remedy). Traditional legal study involves the student, the lecturer, and the library. It is competitive, isolationist, and rewards rational, objective thinking. The result is a graduating population w ell-equipped in legal logic, and ill-equipped to solve the problems of human beings. A client who is confused and emotional is probably looking for more than a monotone appraisal of High Court precedents. Lauchland and Le Brun are very big on treating c lients as humans, very assured in their treatment of listening skills and the importance of rapport. It is probably no coincidence that the book portrays a thorough acquaintance with excellence in teaching and learning: something which comes from treatin g students as humans too.

3. In some ways the book gets off to a poor start. The authors explain that 'in Chapter 1 we address some matters normally reserved for a preface on the assumption, perhaps mistaken, that not all students read prefaces to texts'. While this is an in teresting strategy, the fact is that the material covered in Chapter 1 does not really belong there. The effect is to throw the reader off-balance. Chapter 1 contains detailed instructions on setting preparing for Legal Interviewing exercises and for pr oviding feedback on the performance of fellow students in such exercises. This is out of place in a book that moves from a theoretical discussion of the role of a lawyer in Chapter 2, communication skills in Chapter 3, preparing for interviews in Chapter 4 and conducting interviews in Chapters 5-10 and post-interview action in Chapter 11. Chapter 12 contains some useful material dealing with ethical issues (a welcome addition in any student text). It is not until Chapter 13 that the book deals with the design and conduct of student interviewing exercises. The material in Chapter 1 would have been better placed after Chapter 13, at the end of the book, rather than at the beginning.

4. One disappointing feature of the book is the way in which the authors fail to capitalise fully on their decision to complement their text with graphics and other ornamentation. Each Chapter heading is accompanied by a quote from other writers and by a computer graphic. Unfortunately, few of either seem particularly apt to the material which follows. (I found the repeated recourse to Beard's Latin for All Occasions particularly tedious, and peculiarly out of kilter with the user-friendly, non-tra ditional approach to lawyering adopted in the text.) While visual aids can greatly enhance student learning, they will only do so if they are congruent with the material being discussed. For all their good intentions, this book is littered with adornmen ts, rather than enriched by them.

5. One notable gap in the book is any discussion on interviewing clients from non English speaking backgrounds or the need to be aware of the culturally influenced narrative styles characteristic of some of those clients.