Learning Outcomes
After working through this article, you will be able to identify and gather relevant facts in client matters, accurately draft attendance notes, set and record clear actions and deadlines, and provide clear risk warnings to clients. You will develop the ability to record meetings efficiently and to communicate time-sensitive steps and legal risk in plain English, as required for the SQE2 assessment.
SQE2 Syllabus
For SQE2, you are required to understand fact finding and recording in a legal context, draft effective attendance notes, and communicate time-critical actions and risk warnings. In particular, this article will assist your revision of:
- the process and skills for eliciting and recording material facts in client interviews or meetings
- drafting concise and accurate attendance notes that specify next steps, actions, and deadlines
- recognising when and how to highlight legal or procedural risks to clients within your notes or advice
- ensuring all parties have a clear, written record of responsibilities, timings, and consequences
Test Your Knowledge
Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.
- What details must be included in an attendance note following a client meeting relating to a litigation matter?
- What is a 'risk warning' and when should it be provided in a client attendance note?
- True or false: All actions and next steps recorded in an attendance note must include responsible parties and specific deadlines.
- Identify a common error in drafting attendance notes that could negatively impact a client's rights.
Introduction
Effective fact finding and attendance note drafting are essential practical skills tested in SQE2. You are expected to identify relevant information, record it accurately, specify agreed actions and their deadlines, and make clients aware of risks arising from their situation or from any failure to act. A well-drafted attendance note is an objective, contemporaneous record of your meeting or telephone conversation, setting out what was discussed, what must happen next, and any necessary warnings.
Key Term: attendance note
A contemporaneous written record produced by a solicitor or trainee, summarising what took place during a meeting or call, including facts, advice, action points, and deadlines.Key Term: fact finding
The process of eliciting, clarifying, and establishing relevant factual information from a client or third party, to progress a matter or provide accurate legal advice.Key Term: action point
A clearly identified step that must be carried out as a result of a discussion, specifying the actor and any timescale.Key Term: deadline
A specific date or time by which a stated action or obligation must be completed to avoid adverse consequences.Key Term: risk warning
A statement in written or oral form highlighting a potential negative consequence if a client omits or delays a required action.
The Purpose of Fact Finding
Fact finding is central to every meeting with a client. It enables you to establish material facts, clarify uncertainties, and detect gaps or inconsistencies. For SQE2, you should distinguish between what the client believes and what is supported by documents or other evidence.
Exam Warning
It is not sufficient to rely on a client’s expressed opinion. Always record the actual facts given and probe for missing or ambiguous details.
Attendance Note Structure and Contents
Attendance notes serve as a record for both the lawyer and the client. Poor attendance notes can lead to misunderstandings about advice, unrecorded deadlines, and even claims of negligence.
A complete attendance note should set out:
- time, date, and participants
- the purpose of the conversation or meeting
- background facts as understood or clarified
- legal advice given in plain English
- actions to be taken, by whom, and by when
- risk warnings regarding inaction or other possible adverse outcomes
- any documents or evidence received or to be obtained
Worked Example 1.1
You meet a client who wishes to bring a breach of contract claim. The client says they have a “good case” but does not know if there is any written contract. On review, you discover there is no documentation sent to your office.
Question: How should you record this in your attendance note, and what are the next steps?
Answer:
You should record that the client states there was an oral agreement, but that no documentation has been provided. Action point: client to supply all correspondence or evidence by a specific date. Risk warning: failure to provide evidence may weaken or prevent a claim.
Setting Actions and Deadlines
Recording agreed action points and precise deadlines is essential in legal practice. Vague promises to “come back soon” or “look into it” are insufficient.
Use clear headings for each action, specify the responsible person, and always include calendar dates (e.g., “13 July 2024”).
Worked Example 1.2
Following a meeting, the client is to sign a witness statement. No date is set.
What is the issue, and how should it be resolved in the note?
Answer:
The absence of a set deadline is a procedural risk. The note should specify: “Client to sign and return witness statement by 17:00, 13 July 2024, to enable service before court deadline.”
Risk Warnings
Clear risk warnings help protect both the client and the lawyer. Warnings may relate to limitation periods (claim may be time-barred), failure to provide documents (case may fail), or other specific legal or procedural consequences.
Attendance notes should record any such risk warnings given, in plain language, and confirm that the client was advised of their significance.
Worked Example 1.3
A client in a personal injury matter is told the claim is close to the limitation period expiring. The note simply says “Limitation discussed.”
Why is this insufficient, and what should have been recorded?
Answer:
“Limitation discussed” is not specific enough. The note should state: “Advised client that limitation period expires 18 July 2024; if claim is not issued by this date, right to claim may be lost. Client understands and instructed to provide final instructions for issue by 12 July 2024.”
Practical Tips
Revision Tip
Always use simple, unambiguous language in attendance notes, especially for actions and warnings. Rely on objective facts, not opinions or assumptions.
Exam Warning
Omitting risk warnings or failing to specify deadlines in your notes can be evidence of negligence or may prejudice the client’s case. In SQE2, generic or vague notes will not score well.
Documenting Risks of Inaction
When a client disagrees with your advice or refuses to follow it, record this in your attendance note, including the risks. This ensures clarity for all and protects your position.
Summary
- Fact finding is the process of eliciting and recording all material facts from the client to support accurate legal analysis.
- Attendance notes provide a complete and objective record of the meeting, including facts, advice, agreed actions, deadlines, and risk warnings.
- All action points must state a clear actor and deadline by calendar date.
- Deadlines and risk warnings must be expressed in plain language, with consequences for ignoring them clearly set out.
Key Point Checklist
This article has covered the following key knowledge points:
- The role and requirements of fact finding in legal matters.
- How to structure and draft a comprehensive attendance note.
- The need for recording precise actions and specific deadlines.
- When and how to provide written risk warnings to clients.
- The practical and exam-related consequences of incomplete attendance notes.
Key Terms and Concepts
- attendance note
- fact finding
- action point
- deadline
- risk warning