Paralegals can get formal diplomas at many colleges and universities. This section looks at how you can develop your communication skills with:
Communication skills can involve the following:
The process of interviewing a client is as follows:
(See Listening skills; See Counselling; See Advice-giving and problem-solving skills; See Referrals; See 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 to sort out the problem. These are some examples of language problems:
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 below for an example of a simple case sheet and an example of a statement.
The statement is divided into four parts:
PERSONAL DETAILS OF THE CLIENT
Write down the standard personal details of the client. The most important details are:
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 the Paralegal 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.
EXAMPLE
ADVISING THE CLIENT
You must tell your client what their rights are. You must then explain what steps can be taken to help them.
Then you must listen to your client to find out exactly what they want you to do. These are the ‘instructions’ that your client gives you. For example, if your client was dismissed from a job, don’t just take it for granted that they want the job back, even if you feel that the dismissal was unfair. On the other hand, if your client says they only want notice pay, this may be because they do not know anything about unfair dismissal and reinstatement. It is up to you to explain to your client all their rights, and then let them make their own choices.
If there is something that the client is not clear about, ask them 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 to 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.
EXAMPLE OF A SIMPLE CASE SHEET
HOPETOWN ADVICE CENTRE
Date: ………………………………………….
Client’s name: ………………………………………….
Physical address: ………………………………………….
Postal address: ………………………………………….
Cell number: ………………………………………….
Age (if necessary): ………………………………………….
Type of case (e.g.eg grant): ………………………………………….
Description and details of the client’s problem:
(give this section plenty of space)
……………………………………………………………………………………………………………………………………………….
……………………………………………………………………………………………………………………………………………….
……………………………………………………………………………………………………………………………………………….
Advice or suggestions given to the client:
……………………………………………………………………………………………………………………………………………….
……………………………………………………………………………………………………………………………………………….
Action taken on behalf of the client:
………………………………………………………………………………………………………………………………………………. ……………………………………………………………………………………………………………………………………………….
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 record 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 STATEMENT
STATEMENT
Date on which the statement was taken: 28 September 20….
Name and address of the person who took the statement: Lawrence Ndlovu
c/o Langa Advice Centre
Telephone number: (021) 642 0202
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, bank manager, attorney, members of the South African Police Services (SAPS), and certain priests and social employees.
For example, when you need to prove something (like your age 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 an attorney 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
AFFIDAVIT
…………………………………………………………………………..
DEPONENT (the person making the statement is the deponent and must sign here but only in front of the Commissioner of oaths)
(Then the Commissioner of Oaths fills in this next part)
THUS SIGNED AND SWORN TO at …………………………………………………………………….(place) this day of ………………………………..(date )
The Deponent having acknowledged:
……………………………………………………….
COMMISSIONER OF OATHS
(Commissioner of Oaths signs here after asking the deponent to swear with their hand in the air that they are telling the truth)
(The name and address of the Commissioner will be given here, and the office held by the Commissioner, e.g. South African Police Officer)
EXAMPLE OF AN AFFIDAVIT
AFFIDAVIT
……………………………………………………………
BENJAMIN NGWANE
THUS SIGNED AND SWORN TO at LANGA this 30th day of September 20…… the Deponent having acknowledged:
……………………………………………………………
COMMISSIONER OF OATHS
It is important to listen properly to your client when she or he is telling you about a problem. There are different ways of showing your client that you are listening carefully.
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 ongoing basis. For example, ongoing 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:
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 cell phone. 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 ongoing monitoring or monitoring a specific situation, you must write down everything that you see happening. If possible, you must take photographs of incidents, for example, where people were injured, you must photograph their injuries, with a match or ruler next to the injury (to show the size of the injury). This is important later if you have to give evidence in court. It is also useful if you can draw a map of where the incident took place. (See Checklist: Preparing for monitoring)
For example, if you were monitoring a community conflict situation with the SAPS, these are the important things you should write down:
WHAT FOLLOW-UP ACTION MUST YOU TAKE?
When you are monitoring a specific incident or on an ongoing basis you should immediately:
You should take the following follow-up action:
EXAMPLE OF AN INCIDENT SHEET
INCIDENT SHEET FOR MONITORING PUBLIC EVENTS AND CONFLICT SITUATIONS
Date: ……………………………………
Monitor’s name: ……………………………………
Monitor’s address: ……………………………………
Monitor’s telephone no: ……………………………………
Date of incident:………………………………………………………….
Place of incident (town, district):.…………………………………………….
Time incident started: ……………………………………………………..
Time incident finished:……………………………………………………..
People or parties involved: ………………………………………………….
Numbers of people involved: ………………………………………………..
Number of houses affected: …………………………………………………
List of witnesses:.…………………………………………………………
Number of people injured: ………………………………………………….
List of injured:……………………………………………………………
Number of people arrested: …………………………………………………
List of arrested:…………………………………………………………..
Name of the attorney and/or legal firm that has been helping: ………………………
SAPS or other security services information:
Names or Numbers/Rank/ Wearing ID /Uniform .…………………………………………………………………….. ………………………………………………………………………
Vehicles used: Type of vehicle /Number of such vehicles /Registration numbers ……………………………………………………………………… ………………………………………………………………………
Weapons used: (if used by anyone other than security services, state who) ………………………………………………………………………
Circumstances before incident: (for example, public meeting, march and so on) ……………………………………………………………………… ………………………………………………………………………
Description of incident: ……………………………………………………………………… ……………………………………………………………………… Developments after the incident: (medical treatment, appearances in court, and so on) ……………………………………………………………………… ………………………………………………………………………
Map of the incident: Draw a map of the area where it happened, clearly showing the street names and where people were. Attach the map to the incident sheet. Also email all photos taken by yourself and attach them to the file or incident sheet.
Statements given by: ………………………………………………………
Contact addresses: ………………………………………………………..
Telephone numbers: ……………………………………………………….
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 employees. 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.
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 them to go to the South African Social Security Agency (SASSA) 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 them whether they did as you advised.
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 organisations, organisations against women and child abuse, trade unions for labour issues, the maintenance officer at the court, community development employees for issues linked to local governance, etc.
Paralegals should build up a database of agencies and contact people as part of their referral service.
Always give the person a cover letter when you refer them 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.
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 and you will call back.
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 or your future relationship with the official.
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.
MODEL LETTER SHOWING LAYOUT OF A LETTER
UPINGTON ADVICE CENTRE
(Your address:) (Your telephone number:)
(Your email)
(Date:)
(Some offices give every letter its own reference number:) Our Ref: 135/98
The Manager
(The name or title of the person who must read the letter)
Tex Stores (Pty) Ltd
PO Box 1053
Upington, 0100
Dear Madam / Sir
(The main thing that the letter is about – usually the client’s name and the type of problem:)
MS GERDA FORTUIN: LEAVE PAY
(introduction:)
We are writing to you on behalf of Ms Gerda Fortuin. She was employed by you as a checker at your Upington branch from 20/02/96 until 20/04/24. She resigned after giving the necessary notice. Her wage was R1500 per week.
(Give information to identify the client:)
Ms Fortuin’s work number was 315. Her identity number is 4209050920088.
(What the problem is – setting out the details:)
Ms Fortuin says that when she received her final pay packet she was not paid out for leave owing to her. She last took leave in September 2023.
(What the law says and applying the law to the facts:)
In terms of the Wage Determination for the Commercial and Distributive Trade, an employee may receive leave pay calculated according to the following formula:
(Put in the formula and your calculations)
Ms Fortuin is therefore owed 7 months pro-rata leave pay.
(What the person you are writing to must do about it:)
Ms Fortuin requests that you forward the leave pay that is owed to her to the above address within 14 days of receipt of this letter. Please contact our office if you would like to discuss this matter further.
Yours faithfully
(Sign your letter)
………………………………..
Mr P. Philander
ADVISER
Always include in a letter:
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:
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 owed.
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 funders and partner organisations.
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 organisation, a community liaison person should write a brief report on meetings attended on behalf of the organisation 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:
REPORTS FOR FUNDERS
Here is a simple outline for a report for funders (after they have given money):
REPORTS TO YOUR OWN MEMBERS OR TO A COMMUNITY ON AN ISSUE
These reports are usually given verbally in a meeting. Here is a useful outline to make sure you come across clearly:
Issue – Explain what issue is covered by the report. Facts – Give people the basic facts about the issue or any events that have taken place. Options – Often you report on something where the meeting must make a decision. Try to outline the main options open to people. 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 A REPORT FOR AN ANNUAL GENERAL MEETING
CHAIRPERSON’S ANNUAL REPORT 2011
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, sms, WhatsApp, Facebook, Instagram, X, YouTube, TikTok, emails, radio and television.
HOW CAN YOU USE THE MEDIA?
You can use media to:
MAKING MEDIA
Making media includes, creating posters, pamphlets, videos, and 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 design of the pamphlet or poster is also very important. Remember these things:
WHAT THE LAW SAYS ABOUT PAMPHLETS AND POSTERS
A pamphlet must include the name of the organisation that 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:
WEBSITES
Websites are an important source of information for people wanting to find out more about an organisation. It is therefore also an important communications tool. It is important if you have a website to ensure it is kept up to date with online newsletters, resources, contact details, and so on.