Motivational Interviewing in Legal Practice: Building Trust, Resolving Ambivalence, and Strengthening Client Outcomes

By: Janeth Nuñez del Prado

As a therapist, I have witnessed firsthand the profound impact that Motivational Interviewing (MI) can have on individuals facing significant life challenges. While MI is rooted in clinical psychology, its principles and techniques offer immense value beyond therapy rooms – especially for criminal defense and civil rights attorneys. In this blog, I will explore what motivational interviewing is, its core elements, and how attorneys can harness its power to support clients, foster trust, and promote positive change even in the most challenging legal contexts.

What Is Motivational Interviewing?

Motivational interviewing is a collaborative, goal-oriented style of communication that pays particular attention to the language of change (“change talk”). At its core, MI is about partnership: the practitioner is a guide in facilitating change, while the client is the expert in their own life and their own internal motivations and ability to change. Rather than imposing solutions from the interviewer, MI seeks to evoke the client’s own motivations, strengths, and wisdom to explore and resolve ambivalence about change. Thus, change comes from the “inside-out” versus the “outside-in”. 

The “spirit of MI” is defined by four pillars:

• Partnership: Building a collaborative relationship.

• Evocation: Drawing out the client’s own reasons for change.

• Acceptance: Practicing nonjudgment, empathy, and respect for autonomy.

• Compassion: Prioritizing the client’s welfare and well-being.

Core Techniques: The OARS Framework

MI’s effectiveness relies on specific communication skills, often summarized as OARS:

• Open-ended Questions: Invite clients to share their stories in their own words.

• Affirmations: Recognize client’s strengths and efforts, building confidence.

• Reflective Listening: Actively listening to a client and thoughtfully reflecting back their own words or the underlying meaning/emotions

• Summaries: Reinforce key points and clarify understanding.

These techniques help clients feel heard and respected, making them more likely to engage in honest self-reflection and consider change.

Principles Guiding Motivational Interviewing

MI practitioners follow several guiding principles:

• Express Empathy: Acceptance facilitates change; ambivalence is normal.

• Develop Discrepancy/Planting Seeds: Help clients see the gap between their current behavior and their goals or values.

• Avoid Argument: Resistance or “discord” (tension in the attorney/client relationship) from the clients signals a need to change communication strategies, not to confront.

• Roll with Resistance/discord: Meet resistance with reflection, not opposition.

• Support Self-Efficacy: Foster belief in client’s ability to change.

Why MI Matters for Attorneys

Attorneys, especially in criminal defense and civil rights, often work with clients who are ambivalent, fearful, or resistant to change. Traditional legal counseling may focus on directives, consequences, and compliance. While these are important, they may not address the underlying ambivalence or barriers clients face in making difficult decisions or changing behaviors which may interfere in a successful case outcome. 

MI offers attorneys a framework to:

• Build trust and rapport, even with clients who are distrustful of authority.

• Elicit clients’ own motivations for compliance or change, rather than relying solely on external threats or consequences.

• Address resistance in a non-confrontational manner, reducing defensiveness.

• Empower clients to take ownership of their decisions and actions.

Applications in Criminal Defense

Criminal defense attorneys regularly encounter clients who are ambivalent about their legal situation, resistant to advice, or struggling with behaviors that led to their charges. MI can help attorneys:

• Foster Honest Communication: Clients may withhold information out of fear or shame. MI’s empathic, nonjudgmental approach encourages openness.

• Promote Compliance and Rehabilitation: By helping clients articulate their own reasons and ability to comply with court orders or pursuing rehabilitation, attorneys can increase the likelihood of success.
• Navigate and Resolve Ambivalence: Many clients feel torn between old behaviors and the demands of the legal system for change. MI helps them explore this ambivalence and move toward positive change.
• Prepare for Sentencing or Reentry: Attorneys can use MI to help clients set realistic goals for reintegration, increasing their chances of long-term success.

Applications in Civil Rights Advocacy

Civil rights attorneys often represent clients facing systemic barriers, discrimination, and trauma. MI can be a powerful tool to:

• Empower Marginalized Clients: MI’s focus on autonomy and self-efficacy helps clients reclaim agency in situations where they may feel powerless.

• Support Difficult Decisions: Whether deciding to pursue litigation, accept a settlement, or engage in advocacy, clients benefit from exploring their own values and motivations.

• Navigate Trauma and Resistance: Many civil rights clients have experienced betrayal by institutions. MI’s compassionate, client-centered approach can rebuild trust and foster engagement.
• Prepare for depositions or testimony: Clients in civil cases often have intense emotions which can get in the way of sharing their story, and can be resistant to attorneys’ efforts at feedback and coaching. MI can break down these barriers and help clients uncover the power of their stories and share their pain and tragedy in a more compelling manner.

A Therapist’s Insights: Bridging Law and Psychology

From a therapeutic perspective, MI’s success lies in its respect for the client’s autonomy, internal wisdom, and its belief that lasting change comes from within. Attorneys who adopt MI principles shift from being directors to collaborators. They move beyond simply advising or warning, instead shifting to the stance of partnership and helping clients discover their own reasons for change.

Consider these scenarios:

• A client facing drug charges is ambivalent about entering treatment. Rather than lecturing, the attorney uses open-ended questions: “In what ways might your life be different if you were able to abstain from drug use?” This invites the client to voice their own concerns and hopes, making change more likely.

• A civil rights client is resistant to tamping down her anger while testifying. The attorney starts by first reflecting her anger, “It sounds like you’re feeling deeply wronged, and this situation makes you incredibly angry.” The attorney can then use open-ended questions to guide self-reflection and move towards developing a collaborative strategy by asking questions such as: “What are your hopes for how the judge or jury will perceive your story?…. Can I share some ideas of how we might make that happen more effectively?”

Conclusion: The Transformative Power of MI

Motivational interviewing is more than a set of techniques-it is a mindset rooted in empathy, respect, and collaboration. For criminal defense and civil rights attorneys, adopting MI can transform client relationships, improve outcomes, and support clients in making meaningful, lasting changes. As a therapist, I have seen the difference MI makes in helping people move from ambivalence to successful action and lasting changes. Attorneys who embrace these principles can become not just legal advocates, but catalysts for personal growth and empowerment.

By integrating motivational interviewing into legal practice, attorneys can honor their clients’ humanity, foster trust, and help them navigate the complex journey toward justice and change.