Motivational Interviewing for Attorneys: Helping Clients Navigate Alcohol Use and Legal Challenges
By Janeth Nunez del Prado, Max Pines Law
Attorneys often work with clients who want things to get better but aren’t yet ready to make changes – especially in cases involving alcohol use.
In fact, an estimated 10.2% of Americans age 12 and older meet criteria for Alcohol Use Disorder (AUD), and alcohol contributes to many criminal cases, including numerous DWI charges in New Mexico.
At Max Pines Law, we understand that ambivalence is not resistance – it’s part of the change process.
When attorneys know how to work with ambivalence rather than against it, they can improve both legal outcomes and their clients’ long-term well-being.
That’s where Motivational Interviewing (MI) comes in – an evidence-based, client-centered communication method designed to strengthen motivation and support meaningful change.
1. Avoid Being Confrontational
While confrontation can work in court, it often fails in conversations about behavior change. When clients feel judged, they shut down. Lead with curiosity:
“I know this may be sensitive. Before we move forward, tell me how you see alcohol affecting your situation.”
2. Express Empathy to Build Trust
Empathy is a strategy, not softness. Clients who feel understood are more open to reflection and change.
“It sounds like part of you is unsure whether anything needs to change right now—and that makes sense given everything you’re dealing with.”
3. Highlight Discrepancies Without Judgment
Help clients gently see the gap between their values and their behavior—without forcing it.
“You’ve shared how important your family is. How do you think alcohol has impacted those relationships?”
4. Support Client Autonomy
Remind clients it’s their decision—and that your role is to protect their legal interests and support informed choices.
“At the end of the day, this is your choice. My role is to support you and help protect your legal interests no matter what you decide.”
5. Roll with Resistance
Resistance provides insight. Explore it rather than pushing back:
“It sounds like this feels hard right now. What might make it easier?”
6. Elicit ‘Change Talk’
Encourage clients to articulate their own reasons for change—this increases follow-through with treatment and court requirements.
“What might be better if something did change?”
7. Explore Past Successes and Strengths
Reinforce capability by asking about past achievements:
“Tell me about a time you got through something difficult. What strengths did you use then?
Why Motivational Interviewing Works in Legal Practice
For attorneys, Motivational Interviewing improves communication, trust, and compliance. Research shows MI can boost outcomes for individuals with alcohol use challenges – especially when combined with treatment recommendations or diversion programs.
In law practice, MI helps attorneys:
- Reduce client defensiveness
- Increase honesty and engagement
- Strengthen compliance with court orders or treatment plans
A Human Approach to Legal Advocacy
At Max Pines Law, we believe effective advocacy is both strategic and compassionate. Understanding the human story behind a case helps create lasting change – not just legal wins.
When attorneys learn to work with ambivalence instead of fighting it, they help clients move forward – both in and beyond the courtroom.
Contact Max Pines Law to learn how our legal team integrates behavioral insight with experienced advocacy for clients facing alcohol-related charges in New Mexico.
Janeth Nunez del Prado, on behalf of Max Pines Law
National Survey on Drug Use and Health, 2023 data on AUD prevalence and impact. americanaddictioncenters
- American Addiction Centers https://americanaddictioncenters.org/rehab-guide/addiction-statistics-demographics
