when a lawyer wants to answer a question based on a theoretical situation

How to answer the problem question in law exam?

To successfully answer the problem question in law you must arrange your answer in FILAC or IRAC order. The following is how you can use IRAC or FILAC method to answer a scenario or problem question in a law exam.

Do lawyers like to do the questioning?

Lawyers like to do the questioning--but when choosing one, make sure you ask a bunch from the start. Choosing the right lawyer is a very important decision—whether you were in a car accident, have a medical malpractice claim, or find yourself the target of a criminal investigation.

When to ask an attorney for the right answer?

You are not looking for the "right" answer, just an honest one. For instance, if you're facing an uphill battle in, let's say, a nasty divorce situation, you'll want to know up front from the attorney so you can prepare yourself for what lies ahead.

How do you write a response to a legal question?

Repeat that process to every issue you have raised. This is the last part of your question. This part contains the general response to the whole scenario. For example, if you have been asked to give legal advice then this part should contain specific legal advice. Also, you may put any further remarks.

What is a rhetorical answer?

rhetorical question. A question asked without expecting an answer but for the sake of emphasis or effect. The expected answer is usually “yes” or “no.” For example, Can we improve the quality of our work? That's a rhetorical question. [

What is a loaded question example?

A loaded question is a trick question, which presupposes at least one unverified assumption that the person being questioned is likely to disagree with. For example, the question “have you stopped mistreating your pet?” is a loaded question, because it presupposes that you have been mistreating your pet.

What is a presumptive question?

The presumptive question is an option to use when you assume the person you are talking to knows the answer to the inquiry. When presented with a presumptive question, the person you are talking to will either confirm the presumption or make corrections if the presumption is wrong.

What is it called when someone asks a question they already know the answer to?

A rhetorical question is one for which the questioner does not expect a direct answer: in many cases it may be intended to start a discourse, or as a means of displaying or emphasize the speaker's or author's opinion on a topic.

What is an ambiguous question?

An ambiguous question is defined as one where there is no specific query, it could have more than one meaning, asking for several responses, or not clearly defining the subject/object.

Why is anecdotal a fallacy?

A person falls prey to the anecdotal fallacy when they choose to believe the “evidence” of an anecdote or a few anecdotes over a larger pool of scientifically valid evidence. The anecdotal fallacy occurs because our brains are fundamentally lazy. Given a choice, the brain prefers to do less work rather than more.

What is an implied question?

A suggestive question is one that implies that a certain answer should be given in response, or falsely presents a presupposition in the question as accepted fact.

Can a question be an accusation?

Well, sometimes yes and sometimes no. Here are a couple of ways (and there are most likely more) that this question can be interpreted. First, it can be interpreted as an accusation, meaning that person on the receiving end of the question may hear it as you are "questioning" their love for you.

What is the difference between a leading question and a loaded question?

Leading vs Loaded Questions There is a distinct difference between leading questions and loaded questions. While a leading question prompts someone toward an answer, a loaded question is a trick question. No matter how a respondent answers, they're saying something that they may not agree with.

What it called when you ask a question but don't want an answer?

A rhetorical question is a question asked to make a point, rather than get an answer.

What is the term for answering a question with a question?

This method of answering questions with questions, in order to let the questioner realize that he can find the answer by reasoning (Socrates would say that the answer was in him all along), is called maieutics (the related adjective being maieutic).

What is it called when you ask an obvious question?

A rhetorical question is a question that's asked for effect with no answer expected. The answer may be immediately provided by the questioner or obvious.

1. How long have you practiced law?

At a minimum, you'll want to know about the lawyer's expertise and whether the lawyer is a veteran or beginner attorney, for instance. Your legal issue may very well be handled by someone who is fresh out of law school, (or not). It all depends.

2. What type of cases do you generally handle? What percentage of your practice is devoted to (the practice area in question)?

You'll also want to know about a lawyer's expertise and how much of the attorney's practice is devoted to topic area your legal issue falls within. For example, if you need help with an adoption case, you may wish to seek a family law lawyer who has worked on, well, adoption cases. Click here for a full list of practice area definitions.

3. Who is your typical client?

This is an important, but often-overlooked question. For example, if you are an individual with a particular legal problem, but the attorney your meeting with represents only corporations, this may not be the best lawyer for you. Likewise, you may wish to know the financial background of some of the lawyer's clients.

4. How many cases have you represented that were similar to mine?

Now is not the time to act shy. Feel free to ask about the attorney's track record, such as the number of cases won or settled, for example.

5. Other than a law degree, what kind of special training or knowledge do you have that might apply in my situation?

Some cases, like DUI and patent cases, require specialized training and knowledge for effective representation. Be sure to inquire whether your case fits into that category.

6. What are your attorney fees and costs, and how are they billed? Will a portion or all of my case be handled by paralegals or legal assistants? If so, ask about reduced costs

This step is obviously an important one. You'll want to know whether you can afford the lawyer's services and how you will be required to pay. This is also the time to ask about payment options and how often, and under what circumstances, you will be billed.

7. What is your approach or philosophy to winning or representing a case?

This can be important in two ways. First, if you are seeking an amicable divorce, for example, but the attorney is known to "go for the kill" in divorce cases, the attorney may not be the right one for you.

Why is questioning important?

In the context of clients, these skills are important for learning about the details of the case, confirming information, and avoiding misunderstandings.

What is the difference between open and closed questions?

Open-ended questions typically elicit more information, while closed-ended questions can be answered with one word or phrase. For instance, “Tell me what happened that night” is an open-ended question that might lead to your gathering plentiful information from the interviewee, whereas “where was the party” is a closed-ended question that can be answered directly with the address of the event, with no other detail.

What is funnel questioning?

Funnel questioning involves an intentional sequence of inquiry that typically consists of a long line of closed-ended questions, which, when answered, can allow for more open-ended questions later on. For instance, if you wanted to learn about a car accident your client was involved in, you might choose to use a line of questioning similar to the one below:

What is the most important communication skill in a legal career?

Among the most important communication skills to master is asking questions effectively .

What does a lawyer learn from failure?

A good lawyer will learn from failure and make the necessary adjustments so it does not happen again in the future. Every lawyer will experience failure at some point . The key question is whether the lawyer can deal with it and bounce back in the future. What to look for in an answer:

What is disagreement in law?

Disagreements happen in the practice of law. Two attorneys can reach different opinions about an issue and both can be correct. It is even more difficult when one of the attorneys works for the other. Part of being a successful lawyer is learning how to make one’s voice heard without being overbearing.

Why do you have to open questions in an interview?

Open questions are good to get the client talking and to get the conversation flowing whereas closed questions get the details out. A good interview technique is to start with open questions and slowly narrow down to closed until you have the information you need.

What to do if client claims he has permission?

If the ‘client’ claims he has permission, explain you will need to check with your supervisor first and that you are under a duty of confidentiality. You may be able to safely provide generic advice about process, e.g. what happens in probate, but don’t give anything specific. Managing client expectations.

Why do you conduct an interview with a client?

You are expected to conduct an interview with a ‘client’ in order to obtain and convey the information required without stepping outside of what you know or can do. The information you obtain should be enough for you to take the next steps without going back to the client for more.

What to do when you come across a conflict?

If you come across a situation where a conflict might arise, you should close the interview down and explain you need to carry out a conflict check before going any further. If they ask why, explain that you may already act for the other party and will be under a duty to them.

Can you control what your client says?

In my opinion, the best way to conquer the nerves and to get everything you need is to have a good handle on what is going to happen. Yes, you can’t control what your client is going to say but it is your interview, so it can be guided in whatever way you wish.

Is it a good idea to end an interview?

If not, it’s a good way of ending the interview. This structure is easy to follow and should elicit all the information you need. Try not to script yourself; it will be easy to spot if you are rehearsed and you will be lost if something unexpected happens. However, it is worth a bit of advanced planning.

Is advice second to professional conduct?

However, the small amount of advice you will give is second to the professional conduct skills. It is likely to be the first interview with the client (the least amount of background and legal knowledge required), which means there is a lot of professional conduct stuff to be covered.

What should a lawyer review with their clients before trial?

Every lawyer should review with their clients the possibility of a negotiated resolution prior to trial. In criminal matters, for example, you may be able to get a good plea bargain. In civil cases, your lawyer might propose mediation, a settlement negotiation process involving a neutral third-party.

Why is it important to choose the right lawyer?

Choosing the right lawyer is a very important decision—whether you were in a car accident, have a medical malpractice claim, or find yourself the target of a criminal investigation. Referrals from friends or co-workers can be great, but you need to do your homework to make sure you have the right attorney for the job.

How can a lawyer save you money?

Your lawyer can often save you money by delegating routine tasks to firm employees who charge a lower hourly rate. However, your lawyer should be involved in all key aspects and decisions of your case, or should explain to you why a colleague can handle some important part of the matter just as well.

What is the importance of having a lawyer?

Getting a lawyer with the right legal background is essential, but it is also important to know whether your attorney has experience with the judges who will likely preside over your case. If yours is a criminal matter, it is important to know if your lawyer knows the local prosecutors. This courtroom experience can greatly enhance your lawyer’s ability to evaluate the likely outcomes in your case and give you advice that you can rely on.

How to discuss case strategy?

In discussing case strategy, your lawyer should give you an estimate of how much time it will take to get to a resolution. Keep in mind that your lawyer does not control the pace of the process and cannot make any promises about when it will be over.

What is a conflict in a lawyer?

If the lawyer’s representation of prior or existing clients would limit the attorney’s ability to represent you, there is likely a conflict. For example, if you want to sue a hospital that the potential lawyer regularly represents, there would be a conflict. A conflict might also arise if the attorney you are interviewing has already been hired by ...

How to feel comfortable with an attorney?

You should feel comfortable from the beginning of your attorney-client relationship that you will be able to have regular communications with your counsel. Make sure that you exchange contact information and agree on the ways that you will stay in touch.

Why are situational questions important?

The most important aspect of standardization is that it prevents bias by leveling the playing field for everybody who applied for the job .

What to do when an interviewer asks you a situational question?

When the interviewer asks you a situational or scenario-based question, make sure you answer in a way that impresses them. This means directly answering the question. When the interviewer asks you how you would handle a situation, explain to them how you would.

What are the benefits of situational interview questions?

The benefit of situational questions is that it’s an effective way to assess how well you will do with the organization and position. Below we discuss a couple of skills that interviewers can assess through the usage of situational interview questions. 1. Communication Skills.

What is a situational interview?

Situational questions, also sometimes called scenario-based interview questions, are hypothetical interview questions. These questions are commonly used during job interviews. Situational questions require you to describe how you would respond to a hypothetical situation in the future. Interviewers use these questions to predict ...

What is the difference between scenario based and behavioral interview questions?

The difference between them is that behavioral questions regard how you handled situations in the past, while scenario-based questions require you to discuss hypothetical questions.

Why is it important to prepare an answer example?

Examples of times, you successfully used the required skills for the job help you give your answers more weight.

What does it mean to bring up problem solving skills in an interview?

When interviewers bring up problem-solving skills, they often refer to your ability to handle challenging or unexpected situations in the workplace. This goes for complex business challenges in general as well. Employers want to hire a candidate who can assess both situations in a calm manner and identify possible solutions.