Simulated Clients in `Natural' Settings: Constructing a Client to Study Professional Practice

Abstract

In this paper, we outline the use of a data collection technique referred to as the `simulated client' which was developed in order to gather information about how solicitors negotiate the financial aspects of divorce with clients. The purpose of the study was to examine how a specific piece of law reform is incorporated into the usual practice of solicitors. The setting was the solicitor's first meeting with a client seeking divorce. The intention was to study the process of negotiation in a setting which was as natural as possible while at the same time covering a specific set of issues for study. This presents the seemingly incompatible needs of observing the natural process unstructured by the researcher and at the same time controlling the information presented, and thus the data gathered, in order to ensure coverage of specific issues for study. The extensive personal history of the `simulated client' was constructed in order to address specific principles in new legislation and then presented to solicitors as a usual client. Solicitors conducted the one hour meetings as usual, seeking details from the client and providing legal advice and information. Data were gathered from tape recorded sessions with fifty-eight solicitors.