The line between "legal advice" and "legal information" is often blurred.
As a
general matter, only a lawyer may give actual legal advice, whereas any non-
lawyer may recite legal information. Furthermore, it is generally illegal for a non-
lawyer or unlicensed attorney to offer legal advice or otherwise represent
someone other than himself or herself in a court of law.
Unlike legal information, legal advice refers to the written or oral counsel about a
legal matter that would affect the rights and responsibilities of the person
receiving the advice. In addition, actual legal advice requires careful analysis of
the law as it applies to a person's specific situation - as opposed to speculation
based on generic facts.
From a legal standpoint, the giving of legal advice is tantamount to the practice of
law, and only a licensed attorney with whom one has formed an attorney-client
relationship with may give actual legal advice. Because of the obligations that
arise from the giving of such legal advice, the advice-giver is also bound to
certain rights and responsibilities as a result of the information given.
People who either willingly or unknowingly give legal advice without the skill,
judgment, or authority to do so are essentially participating in the unauthorized
practice of law and, therefore, subject to court penalties .
What Legal Advice Is
Advice from friends or family does not constitute legal advice. True legal advice
forms an agreement between an attorney and his or her client based on a
particular legal matter the client is experiencing.
In a nutshell, legal advice has the following characteristics:
Requires legal knowledge, skill, education and judgment
Applies specific law to a particular set of circumstances
Affects someone's legal rights or responsibilities
Creates rights and responsibilities in the advice-giver
Unlike legal information - such as information posted on a street sign - legal
advice proposes a specific course of action a client should take. For instance, it's
the difference between telling someone what to do (legal advice) as opposed to
how to do it (legal information).
Examples:
Selecting, drafting, or completing legal documents or agreements that affect
the legal rights of a person
Representing a person before a court or other governing body
Negotiating legal rights or responsibilities on behalf of a person
Speculating an outcome
Selecting or filling out specific forms on behalf of a client
Specific legal advice questions may include:
Should I file for bankruptcy?
Does my disability qualify for federal assistance?
What kind of recovery can I receive for my accident? injuries
What Legal Advice is Not
While legal advice is specific, direct, and proposes a course of action, legal
information, on the other hand, is factual, generic, and does not address any one
particular cause of action. To help avoid the confusion that often comes with
legal information, websites and individuals will often go to great lengths to clarify
that any information contained in their site should not be construed as legal
advice nor form an attorney-client relationship.
Examples that do not constitute actual legal advice:
Legal information obtained from free online legal websites, including a law firm
or attorney's own website
Advice from friends, family members, or former clients of a lawyer
Information you hear on the radio
Information you read on social media websites
Information you see in news periodicals or on billboards
Responses to legal questions posted in online Q&A boards, even if provided
by a licensed attorney
Printed materials listed in a "how to" guide
Legal "self help" forms
Specific legal information questions might include:
Where can I find the Federal Medical Leave Act?
What does the acronym EEOC mean?
What are the gun laws in my state?
Depending on the situation, legal advice and legal information can both be
useful. While some situations require the advice of an attorney - such as filing a
lawsuit or defending criminal charges - other situations may simply warrant
obtaining legal information
Step One - Learning the Basic Skills of Counseling
Techniques
Learning some basic skills of counseling techniques is the first step on our journey. These
basic skills include the patterns of sessions, active listening, body language, tone, open
ended and closed questions, paraphrasing, summarizing, note taking, homework, the
'goodie bag' and other stuff!
You will also have an opportunity to "listen in" on a number of sample sessions to see how
all of these counseling skills work together.
Note: I use the words "counselor" and "listener" interchangeably; also "client"
and "speaker."
Introduction to Terms
The pattern of sessions has a predictable rhythm with an introduction, information
gathering, discussion and a conclusion.
Active listening happens when you "listen for meaning". The listener says very little but
conveys much interest. The listener only speaks to find out if a statement (or two or
twenty) has been correctly heard and understood.
Body language takes into account our facial expressions, angle of our body, proximity of
ourself to another, placement of arms and legs, and so much more. Notice how much can
be expressed by raising and lowering your eyebrows!
You need to monitor the tone of your voice - in the same way that you monitor your
body language. Remember, the person may not remember what was said, but they will
remember how you made them feel!
An open question is one that is used in order to
gathering lots of information you ask it with the
intent of getting a long answer.
A closed question is one used to gather specific
information - it can normally be answered with
either a single word or a short phrase. Good
counseling techniques to know!
Paraphrasing is when you restate what the
speaker said. Often different words are used and
the listener may be using this to draw attention to
a particular concern or aspect. Sometimes
paraphrasing is used to clarify.
Summarizing is focusing on the main points of a presentation or conversation in order to
highlight them. At the same time you are giving the gist, you are checking to see if you
are accurate.
Notetaking is the practice of writing down pieces of information, often in an shorthand and
messy manner. The listener needs to be discreet and not disturb the flow of thought, speech
or body language of the speaker.
Homework? Absolutely! When the person identifies a need or concern, she or he must be
willing to work hard at addressing it. This is much like what you are doing right now. You
want to learn counseling techniques, so you are going to study and practice these basic
skills!
The Goodie Bag and Other Fun and Informative Stuff help make a counseling session an
occasion for joy, as well as for additional learning.
"Getting to Know You" - A Familiar Pattern of
Sessions
In counseling there is normally a familiar pattern of sessions - Introduction, Information
Gathering, Discussion, Conclusion and Homework! What follows is the framework for an
Initial Visit, Middle Visit, and Final Visit.
Feeling anxious? Don't worry, the client is more afraid of you than you are of the client! :)
What matters most of all is the the client gets to talk and talk and talk AND be truly heard!
Initial Visit Pattern
First impressions really are lasting impressions. It is important to be timely and friendly.
Introduction the first 10 minutes
Greet the client warmly smile and shake hands. Escort to your office.
Offer a chair and a drink of water.
Your client will be nervous not knowing what to expect. So explain to her or him right
away what she or he may be wondering about briefly. Your credentials, the forms that will
need to be filled out, the assurance of confidentiality, the duration of the visit, etc.
Dont forget to assure the client that there will be time to find out what brings her or him in
here. Given the amount of paperwork that normally has to be filled out, she or he will begin
to question the value of this.
Information Gathering about 20 minutes
Ask the client, So what brings you in here today?! If the person doesnt know where to
start, tell the client to start anywhere. Some clients give coherent stories, others give a
laundry list of concerns. But generally speaking, some themes should keep coming up again
and again. Take discreet one or two word notes; you will be able to review these shortly.
A successful first visit is one in which the client has done almost all of the talking this is all
about them!
Discussion / Counselor Input about 10 minutes
This is your opportunity to provide input. To tell the client what you think she/he is saying
and to develop a list of concerns. The client can then be asked if what you are hearing is
what she/he is saying. Ask the client to rate the concerns from most problematic to least,
and ask which one she/he would like to work on first. You may not have all the resources
you need at hand but you now know what you have to do some homework on!
I am a big fan of "mapping" as the first homework assignment - filling out a week-long time
sheet where they can write down when the problem happens and what is going on at the
time.
Conclusion about 10 minutes
Assure the client that she/he can do this. If you honestly feel that client can't, this is a
sign you need to refer.
It is crucial that the client have a printed copy of services available to her/him especially
of warm-lines and crisis services.
Make certain the client knows that she/he can always reach you by answering machine
and by email. That you will respond briefly, and the client can discuss the stated concern(s)
at the next meeting.
End all counseling sessions on a positive note. The client should be able to list a few things
that she/he has to look forward to over the next few days.
If the client seems to have nothing to look forward to, this is a red flag for suicide.
You will need to ask her/him, Are you thinking of suicide? If she/he takes a
noticeable pause before answering or says Maybe or Yes, you need to know
the protocols of your organization for what to do when you suspect a client is
suicidal.
Set the next appointment time and date.
End of Initial Visit Pattern of Sessions. Clicking on the link will take you to Sample Session
One - Client Centered Counseling.
Middle Visit Pattern
If the client hasn't already, remind her/him to sign in with reception.
Introduction the first 10 minutes
Greet the client warmly smile (and shake hands if hand is extended or is appropriate.)
Escort to your office.
Offer a chair and a drink of water.
Give the client the chance to get things off her/his chest before you move to info gathering.
These concerns may be spurious but may be pre-occupying. Or these concerns may form
the major part of this session.
Explain how this second (third, etc.) visit will look. That you will review what happened last
visit and what has happened since then. You will continue to work on current challenges as
indicated last time or others that may take precedent.
NB: If the client is feeling no better or in fact feels worse, this may be out of your scope of
practice. Set up a referral now. It can always be canceled.
Information Gathering about 20 minutes
Review what happened last time to make sure you are on the same page. If there was
homework review it; if the homework was not done, ask why?!
Work with the primary concerns of the day.
As always, try to let the client do most of the talking. If she/he is avoiding talking about
concerns, bring her/him back on track.
Discussion / Counselor Input about 10 minutes
This is your opportunity to provide input. In fact you may have been already, but if you
know you have reserved some time to reflect on what is being said, you will be less likely to
interrupt, to talk.
Note: After the initial or second session, the counselor-client interaction may become more
informal and more direct. This is fine - you can be friendly and professional at the same
time. But remember, you are not the clients friend. Most professional associations do not
endorse counselor-client relationships outside of the counseling setting, or any behavior in
our out of the workplace - which may violate professional boundaries.
Conclusion about 10 minutes
Restate briefly what has happened and what the client is hoping to achieve getting
approval at each assertion.
Again, assure the client this is doable. If this is beyond your scope of practice, you need to
refer NOW.
Homework of some kind is important The other 23 hours of this day and the rest of the days
in between, you arent there. Becoming well is ongoing activity.
NB: Check to see if the client did book or have the health assessment. If not, have her/him
book it using the phone in the office.
End on a positive note!
Set the next appointment time and date if it has not been prebooked.
End of Middle Visit Pattern of Sessions. Clicking on this link will take you to Sample Session
Four - Solution Focused Counseling.
Final Visit Pattern
There is really is no such thing. Clients often drift off after a session or two. Also, even if
you have seen the client on numerous occasions she or he may need to come back. This
ending may be more like a vacation break.
Introduction the first 10 minutes
Greet the client warmly smile (and shake hands if hand is extended or is appropriate.)
Escort to your office.
Offer a chair and a drink of water.
Give the client the chance to get things off her/his chest before you move to info gathering.
These concerns may be spurious but may be pre-occupying. Or addressing this could take
up most of this session.
Explain how this final visit will look. That you will review what has happened thus far and
look positively toward the future.
Information Gathering about 20 minutes
Review what happened last time to make sure you are on the same page. If there was
homework review it.
Work with the primary concerns of the day. In a final visit, the client may express concern
of feeling orphaned.
As always, try to let the client do most of the talking. If she/he is avoiding talking about
concerns, bring her/him back on track.
Discussion / Counselor Input about 10 minutes
This is your opportunity to provide input. Hopefully by now the client is very good at coming
up with her/his own strategies.
Conclusion about 10 minutes
Restate briefly what has happened over the past few weeks and what the client has
achieved.
Assure the client that he or she can do this. It is crucial that the client have a printed copy
of services available to her/him especially of warm-lines and crisis services.
Make certain the client knows that she or he can always reach you somehow for example,
by email or by sending a letter. Chances are they wont hound you but they may very
well send you a thank you note.
As always, end on a positive note. The client should leave able to easily the list the good
things in her/his life.
End of Final Visit Pattern of Sessions. Clicking on the link will take you to Sample Session
Nine - on Letting Go and Closure.
Active Listening - Listen for Meaning
Active listening happens when you "listen for meaning". The listener says very little but
conveys empathy, acceptance and genuiness. The listener only speaks to find out if a
statement (or two or twenty) has been correctly heard and understood.
Active listening is hard but rewarding work. It is so tempting to interrupt, so easy to be
distracted.
So
1. Before the session, make sure your physical needs are taken care of (thirst, hunger,
bathroom, stretching).
2. Look at the speaker. Taking a few notes can keep you on task; mentally put masking
tape across your mouth.
3. Watch your body language! More on this later.
4. Encourage the speaker to continue with short, gentle comments like uh-huh, really!?,
tell me more, etc.
If the person is not normally talkative, you may have to refer to your brief one or two word
notes and ask an open question. More on this later.
In Class Homework
Active Listening Exercise: 10 minutes of active listening and 5 minutes of feedback
Speaker - You are to tell the listener all about something frustrating that happened within
the last week or so. For example, being stuck in traffic, the neighbor from hades, etc.
Listener - You are not allowed to say anything more than two or three syllables long to
keep her/him continuing ie uh-huh, really!?, tell me more, etc.
Listener
1. Were you able to keep the conversation going using only encouraging body language and
a word or two?
2. Were you able to keep from interjecting?
Speaker
1. Did you feel you have permission to keep talking?
2. Did you feel heard?
You may have found that this felt somewhat fake. Dont worry it was a created situation!
Now, reverse roles!
Out of Class Homework Be very conscious of how well you listen.
Encouraging Body Language - Practice Makes
Perfect!
Developing encouraging body language (BL) can take some practice. We all have our
favorite stance, our default position. At the same time, communication is 55% body
language, 38% tone and 7% words. So, remember that your client may not remember what
was said, but they will remember how you made them feel.
I like the SOLERF method:
S - Squarely face person vs. sitting kitty-corner.
O - use Open posture vs. crossed arms and legs
L - Lean a little toward the person vs. settling back in your chair
E - use Eye contact vs. staring off into deep space
R - Relax, keep it natural vs. sitting like a board
F look friendly vs. neutral or scowling
Take a look at how you are sitting right now. Hmm arms crossed? Slumped? Bored
expression? Looking offside? Not good.
In Class Homework
Encouraging / Discouraging Body Language Exercise: 10 minutes of different styles of
body "speech" and 5 minutes of feedback
Speaker - Talk to the listener about an interesting incident that happened to you over the
past few days.
Listener - Systematically go down the SOLERF list, first using the positive BL. And then its
opposite.
For example, while the speaker is talking the listener can lean a little toward the person
then slump into her/his chair. (Dont worry if you both end up laughing.)
Speaker
1. Were you more likely to feel like continuing when you received positive BL?
2. How did you feel when the listener used negative?
Listener
1. Did you notice a change in your interest level when you used positive BL?
2. Did you feel less interested in what the speaker had to say when you assumed negative?
Time to switch roles!
Out of Class Homework
Be very conscious of how you treat people vis-a-vis your body language. Watch the
gestures and mannerisms of others and note how it makes you feel?
Asking Questions To Open
Up or Close Down?
Asking questions- open and closed - is an
important tool in the counseling kit. They
can help a person open up or close them
down.
An open question is one that is used in order to
gathering lots of information you ask it with the
intent of getting a long answer.
A closed question is one used to gather specific
information - it can normally be answered with
either a single word or a short phrase. Good basic
counsel skills to know!
Open-Ended Questions (OEQs) have no correct
answer and require an explanation of sorts. The who-what-where-why-when-how questions
your English teacher taught you to ask? Little did she know youd be using them for asking
questions in counseling! Here are some good ones:
What brought you in here today?
Do you have an idea about why this keeps happening?
What is your Plan B?
How does that make you feel?
Youll notice that I didnt use why? directly. This is because some people find it
threatening and overwhelming. It implies judgment and it can be asking an unanswerable
question.
Open Ended Questions are great for:
Starting the information gathering part of the session
Keeping the client talking
Closed Questions (CQs) are those that can easily be answered with a yes or a no or
brief information. For example:
What is your name and date of birth?
Did you call the health practitioner to set up a physical?
Where do you work? Occupation?
Are you ready to stop doing that?!
They sound a little harsh, but are needed:
For getting necessary information
To get bring a chatty client back on track or interrupt her/him.
Youre going to take a few minutes right now and practice asking questions! Dont worry,
asking questions will soon be as natural as breathing.
In Class Homework
Trying Out Open Ended Questions (OEQs) and Closed Questions (CQs): 10 minutes
of questioning and 5 minutes of feedback
Listener - Get ready to actively listen and get into your encouraging body language.
Ask an OEQ like, Was there anything particularly interesting that happened within the past
few days? You want them to go on at some length.
Speaker - Talk away!
After a few minutes, the listener can try to constrain or redirect conversation by asking a CQ
such as Does this make you feel good or bad? You are looking for an either/or answer.
Listener, ask another OEQ, followed by a CQ a few minutes later.
Speaker, be helpful, ok? :)
Listener
1. How does it feel to be on the receiving end of an OEQ?
2. What impression did you have when asked a CQ?
Speaker
1. Was it easy or difficult to ask OEQs?
2. How about CQs?
You may have noticed that quiet people need lots of OEQs and chatty people need more
CQs!
Out of Class Homework
Be very conscious of asking questions - the kinds you ask and why you do so? Notice how
you feel when asked an Open or Closed question?
A major stimulant to creative thinking is focused questions. There is something about a
well-worded question that often penetrates to the heart of the matter and triggers new
ideas and insights. - Brian Tracy
Paraphrasing - What You Think the Speaker Said
Paraphrasing is when you, the listener, restate succinctly and tentatively what the speaker
said - conveying empathy, acceptance and genuineness. Since we cannot read our clients
mind and weve been given a lot of extraneous material, its good to learn how to rephrase
briefly and acknowledge that this is what we think the client has said.
For example, lets say the client has gone into a lot of detail about a traffic jam and the
effect on his blood pressure and his resulting visit with the doctor and the rude nurse and
and and To paraphrase would be to say in a tentative voice, So after the traffic jam you
felt your blood pressure was up, and the doctor confirmed this?
By doing this you are letting your client know that you understand and, if you dont, are
willing to be corrected. AND you are helping her or him to cut to the chase. What would
not be helpful to say right now is, So you have an anger management problem!? It may
be what you are thinking, but you want the client to keep talking and for the client to come
to that conclusion on her or his own.
By the way, this is a good time to take interest in the tone of your voice. Be watchful of
whether it is
High / low Loud / soft
Fast / slow Accommodating / demanding
Light-hearted / gloomy
Moderation in all things including voice. And remember, the person may not remember what
was said, but they will remember how you made them feel!
In Class Homework
Trying Out Paraphrasing: 10 minutes of listening and restating in a compact sympathetic
way, and 5 minutes of feedback
Listener - Get ready to actively listen and get into your encouraging body language.
Ask an OEQ like, What brings you here today? You want the speaker to go on at some
length.
Speaker - Talk away!
A few minutes later...
Listener - Take what the speaker is saying and condense it watching tone. You want to
sound tentative.
Speaker - Let the listener know if she/he is on the right track
Speaker
1. Did you feel you were being sympathetically heard?
2. What percentage correct was the speaker? Ten percent? 90%? How come?
Listener
1. How was it to listen with the understanding you would be paraphrasing back to the
speaker?
2. Did you feel you were on the same page? If not, why not?
Dont worry if you are not completely accurate. That is why the listener plays it back to
the speaker using a tentative tone.
Remember! The person may forget what you said, but will never forget how you made them
feel!
Time to do the switcheroo!
Out of Class Homework
Look for opportunities to practice paraphrasing.
Summary - Focusing on the Main Points
Summary is when you focus on the main points of a presentation or session in order to
highlight them. At the same time you are giving the gist, you are checking to see if you
are accurate.
Sum-ups happen at the beginning and at the end of a session.
In a beginning summary you are recalling what happened at the last meeting.
In an ending one, you are attempting to condense what has happened over 40 minutes into
a few minutes worth of material.
In both cases your tone needs to imply that you are open to some changes in perspective.
Its important the both the client and you are reading from the same page.
So lets say counselor Joan is seeing client Mary. Mary, has been speaking for 20 minutes
she is depressed, failing school, concerned about her boyfriends dedication to her, and
overwhelmed by parents demands. Here is what a succinct, tentative summary would
sound like.
1. You came in today because you are feeling depressed.
2. Your school work is not going well.
3. You worry your boyfriend doesnt love you.
4. You are also unhappy with the amount of stress your parents are putting on you to get
As.
Would you say this is accurate?
Note: I dont use numbers in a session I just put them here for clarification. And the client
will likely be commenting along the way.
In Class Homework
Trying Out Summarizing: 10 minutes of listening and restating in a compact sympathetic
way, and 5 minutes of feedback
Listener - Get ready to actively listen and get into your encouraging body language and
tone.
Ask an Open-Ended question like, What brings you here today? You want them to go on at
some length.
Speaker - Talk away!
A few minutes later...
Listener - Take what the speaker said and condense it watching tone.
Speaker - Let the listener know if she/he is hearing you correctly.
Speaker
1. Did you feel you were being sympathetically heard?
2. What percentage correct was the speaker? Ten percent? 90%? How come?
Listener
1. How was it to listen with the understanding you would be interpreting back to the
speaker?
2. Did you feel you were on the same page? If not, why not?
I said this on the paraphrasing page and it bears repeating: Dont worry if you are not
completely accurate in your sum-up. That is why the listener plays it back to the speaker
using a tentative tone to make sure you get it right.
Out of Class Homework
Look for opportunities to practice summarizing.
Note Taking - Can Get a Little Messy!
Note taking is the practice of writing down pieces of information, often in a shorthand and
messy manner. The listener needs to be discreet and not disturb the flow of thought, speech
or body language of the speaker.
Note taking is a mixed blessing. It can keep you on track, but it can also be distracting for
the client. Also, it can interfere with communication if you are tempted to rest your eyes on
the pen and paper, or take copious notes.
At the same time, if you dont take notes, how will you be able to remember what happened
last session? If you are away, how will the alternate counselor know what is going on.
There are also the institutional requirements of the place you volunteer for, are doing a
placement at, or work for. They may very well provide a form with strict guidelines.
You can get the data details (name, phone, source of referral, emergency contact, etc.) at
the beginning of the session.
When the person is actually conveying her/his situation and concerns, you may want to take
minimal notes writing down a few words for each major area as a memory jog. The real
note taking comes later. I encourage you to write up your notes immediately after a
session. I like the SOAP method which is used in health care.
In counseling, it becomes SAPO.
Subjective What the client is describing?
Assessment What was the ensuing discussion?
Plan What is the action plan? Remember, there are 23 hours in the rest of the day. Most
of the work of counseling is done by the client outside of office hours!
Other What do you need to do in order to be prepared for the next visit? Is there any info
you wish you had gathered or given? If some information is crucial you can always phone or
email the client.
Note: While everything you write is confidential, the court may have the right to subpoena
your chart(s).
In Class Homework
Note Taking Exercise: 10 minutes of active listening and brief note taking and 5 minutes
of feedback
Listener: Get ready with your active listening skills, encouraging body language and tone,
and a notebook and pen that works. Be prepared to take minimal notes, barely looking at
the writing materials.
Speaker: Talk about something that bothered you within the last week or so. For example,
getting a bad report, a cranky child or parent, getting cut-off in traffic, etc.
Listener
1. Did you find it difficult to listen and write?
2. Did you find it easier to keep on track this way?
Speaker
1. Did you find the note taking distracting?
2. Did you feel more or less attended to in this session?
Out of Class Homework
If you dont already, start writing laundry lists. This is when you put in short form what
you are going to do on a particular day. Only, try to do this without looking at the page. Its
an art!
An example of note taking gone bad
A new business was opening and one of the owner's friends wanted to send flowers for the
occasion. They arrived at the new business site and the owner read the card; it said "Rest in
Peace".
The owner was offended and called his friend. His friend assured him it was an error and
called the florist to complain. After he had told the florist of the obvious mistake and how
embarrassed he was, the florist said:
Sir, I'm really sorry for the mistake, but if you think you feel discombobulated, realize this:
somewhere there is a funeral taking place today, and they have flowers with a note saying
'Congratulations on your new location'."
The Goodie Bag and Other Fun Stuff
The goodie bag and other fun stuff help make a counseling session an occasion for joy, as
well understanding.
Your Goodie Bag
This particular "loot and learning bag" is geared to college students.
Most practitioners agree that there are at least six components to health:
1. Physical (nutrition, avoiding harmful substances, sleep, exercise, health care)
2. Social (friends, family, co-workers, pets)
3. Emotional (self care, laughter, hobbies)
4. Spiritual (altruism, Higher Power, volunteering)
5. Intellectual (university, learning something new)
6. Vocational (meaningful work)
I would add to that the social determinants of health and for students these include:
7. enough money (part-time work, bursaries)
8. safe housing (off campus housing, rez)
