Wednesday, November 24, 2010

Legal Interview

This is an example of an initial attorney-client interview.

LEGAL INTERVIEW
QUESTION AND ANSWER
This interview was conducted by Atty. ___________ in her Law Office located at Naga City. The complainant, A ____________________, went to her office last August 24, 2010 at 10:15 o’clock in the morning to file a complaint against SPO1 B ___________.
Here is the detailed interview:
Atty. : Hi, Good Afternoon. You look tired and it seems that you don’t have enough sleep. May I know what brought you here today?
Ms. A: I’m not really sure attorney. I’m still confused of what happened to me. I spent my three nights at the police station of Conception Pequena.
Atty. : Oh, I’m sorry to hear that. Can you tell me what happened? Why did you spend many nights at the said police station?
Ms. A: Well, here’s what happened. On August 20, 2010, at about 1:30 o’clock in the afternoon, I was driving along the road of Barangay Cararayan. When I was about in close proximity of the checkpoint along Barangay Cararayan, a policewoman in uniform, whom I later came to know as SPO1 B flagged the vehicle I was driving.

Atty. : And did you stop the car?

Ms. A: Of course, I do respect police officers so after seeing the signal I slow down driving the car and when I was already in the area of the check point I parked the car on the side of the road and I alighted the vehicle.

Atty. : And what does the policewoman told you why she stopped your car?

Ms. A: Nothing, she just asked me to open my car trunk.

Atty. : So, after parking your car on the side of the road. You got out of your car and this police officer approached you and instructed you to open your car trunk. Correct?

Ms. A: Yes.

Atty. : And what happened next? Did you open your car trunk?

Ms. A: With all respect, trust and confidence to the authority and law I willingly obeyed SPO1 B. There she saw the firearms. While she’s inspecting my car trunk I go back inside my car because my phone was ringing that time. So, I need to get it because I left it inside my car.

Atty. : You are saying that SP01 B saw firearms inside your car trunk?

Ms. A: Yes. There are two firearms inside my car trunk and I’m not denying it.

Atty. : And what happened?

Ms. A: I was inside my car to attend to my call however SPO1 B immediately opened my car door. I was shocked. I politely asked him what I did wrong but she strongly pulled me out of the car and told me to ride the police mobile vehicle and there she handcuffed me.

Atty. Duana: This police officer pulled you out of your car and handcuffed you?

Ms. A: Yes.

Atty. : Did she tell you why?

Ms. A: No. She didn’t tell me anything. I was gripped with fear and I was very nervous. With all confusion and fear I involuntarily and without thinking got into the police mobile vehicle.

Atty. : Did anyone saw what happened?

Ms. A: Yes. I was humiliated because many people witnessed the incident and I am so scared and troubled for I do not know what she will do to me, to my car and to all my important and vital documents inside my car.

Atty.: Do you know those people who saw what happened?

Ms. A: Yes, I happened to glance around, and among those bystanders I saw two of my former classmates looking my way.

Atty. : I know how it is and I feel sorry for what happened. So, after riding the police vehicle what happened? Where did she bring you?

Ms. A: She drove the police mobile car and after that I was astound to see that the vehicle parked outside the Police station of Barangay Concepcion Pequena.

Atty. : So, she brought you to the Police station of Barangay Concepcion Pequena?

Ms. A: Yes. After parking the vehicle outside of the police station, SPO1 B yelled at me saying “outside” and grab my hand, dragging me inside the cell of the Barangay Concepcion Pequena police station. I kept on asking what I did wrong but she just yelled at me saying      “you know whats wrong”.

Atty. : Let me just verify, that she never told you anything inside the police car, during the travel nor even after she put you inside the cell?

Ms. A: She never said anything. She never told me why she brought me at the said police station. I was restrained to go out the police station of Concepcion Pequena even if I kept on asking why and what I did wrong.

Atty. : And what happened after she put you inside the cell? What did she do?

Ms. A: She left after that. It has been wee hour of August 21, 2010 already and I am so distressed and scared, I’ve been crying for help and mercy but no one is attending at my plea. SPO1 B is nowhere to be found. Exhaustion beat me to sleep, as I woke in the morning, I again asked for liberty. I asked for the presence of SPO1 B presence but she is not around.

Atty. : SP01 B, brought you to the Police Station August 20, 2010 and August 21 and 22, you’re still at the said police station? Is that right?

Ms. A: Yes. Another day has passed, same situation I was not told what I did wrong even with my consistent persistence of asking what I did wrong for me to be put in jail and prevented from going out.

Atty. : So, August 23, 2010 you’re still inside the cell and you still don’t know why you were brought and restrained in that police station?

Ms. A: Yes. It was already 4:00 a.m of August 24, 2010 when SPO1 B woke me up and told me get out and gave my car keys.

Atty.: Did she tell you anything during that time?

Ms. A: No. I immediately run out of the police station and there at the façade of the Concepcion Pequena Police station I saw my car parked. And hurriedly drove the car out of the said Police station.

Atty. : Prior to the arrest and detention, do you personally know SP01 B?

Ms. A : No, I don’t know her personally. And even during the arrest she never introduced herself. I only heard someone called her and I asked one police officer during my detention of her full name.

Atty. : So, this police officer you asked told you her full name?

Ms. A: Yes. But aside from that he did not mention anything and ignored me after that.

Atty. : Going back to the firearms. Is it true that you were carrying those firearms? And if yes, May I know why?

Ms. A : Yes, I did have two firearms inside my car trunk. Those firearms have a license and I did have special permit to carry firearms. And besides even though it’s a COMELEC checkpoint it’s not election period. So there’s no reason for her to accuse me of anything in connection to those firearms. My papers are complete all she need to do is just ask.

Atty. : It is so unfortunate that this happened to you. What is the next step that you want to do now?

Ms. A: Do you think that we have a case here?

Atty. : Definitely. We can file a criminal case of arbitrary detention penalized under Article 124 of the Revised Penal Code plus damages.

Ms.A : Then, let’s do it. I want this to be a lesson to her so that she will not abuse her authority and just detain anyone she want without telling him/her the reason.

Atty. : Not to worry, Ms. A. I will do my best in this case. We will file a complaint the soonest possible time. I will keep you updated about the case. Please leave your personal information, such as your address and contact numbers.

Ms. A: Thank you. Let us discuss other detail of the case sometime. I need to rest now. And about the financial matter, just forward to me the assessment and I will respond immediately.

Atty.: You’re Welcome and Thank you for the trust and confidence.


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