Fact finding and attendance note drafting - Outlining legal ...

Learning Outcomes

This article covers fact finding and attendance note drafting for SQE2 practice, including:

• Identifying and prioritising legally relevant facts during client interviews and conferences
• Analysing issues and accurately recording legal advice in contemporaneous notes
• Structuring notes for clarity, future use, and supervisory review
• Drafting succinct advice and summarising actions to meet SQE2 assessment standards
• Capturing the client’s objectives, constraints, and priorities to align analysis and advice with goals
• Linking facts to legal elements and evidential sources to show how the law applies
• Compiling chronologies, diagrams, or plans to clarify complex sequences or locations
• Recording options, risks, realistic outcomes, contingencies, and next steps for lawyer and client
• Using plain, precise language to aid accessibility, supervision, and risk management

SQE2 Syllabus

For SQE2, you are required to understand and demonstrate the skills of fact finding and drafting attendance notes from a practical and professional standpoint, with a focus on the following syllabus points:

• Identifying legally relevant facts and issues during interviews or conferences.
• Conducting structured factual analysis relevant to the client’s objectives.
• Recording issues and client instructions logically and accurately.
• Drafting attendance notes that clearly capture legal analysis, advice, and next steps.
• Advising clients in writing, reflecting a correct understanding of facts and law.
• Planning and managing the interview environment to encourage clear, complete instructions and effective note-taking.
• Using plain English and avoiding jargon, so advice can be understood and used immediately.
• Recognising ethical and practical constraints when giving advice, including confidentiality, conflicts, and cost/time implications.

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.

1. Why is it important to distinguish between legally relevant and irrelevant facts when drafting an attendance note?
2. What are the essential elements that must be included in an effective attendance note for the SQE2 exam?
3. What is the role of legal analysis in a factual record?
4. True or false? Attendance notes should include speculative personal opinions regarding the client’s case.

Introduction

Fact finding and attendance note drafting are essential skills for legal professionals. In practice and in the SQE2 assessments, you will be expected to identify the material facts of a matter, isolate the legal issues, conduct structured factual analysis, and provide clear, actionable advice—recorded precisely and succinctly.

Effective fact finding starts at the interview or conference stage. It involves listening actively, asking the right questions, and distinguishing between facts that are material to the client’s legal objectives and those that are not. Strong interviewing and note-taking are complemented by preparation: knowing the law and procedure in outline before you meet the client, and being ready to respond as new facts emerge in the room. The quality of your attendance note depends on how well you elicit and structure information, and how objectively you record it.

Key Term: fact finding
The process of systematically eliciting, clarifying, and documenting information relevant to a client’s matter to support legal analysis and advice.

Attendance notes must capture not only the factual background but also any analysis, options considered, advice given, and next steps. These records are essential for the continuity of legal service, supervision, risk management, and are often relied upon in subsequent proceedings or dealings. Clarity and objectivity are critical. The note should allow a colleague, supervisor, or court to understand what was discussed, why particular advice was given, and what actions were agreed.

Key Term: attendance note
A contemporaneous written record of an interview, meeting, or advice, summarising all key facts, legal issues, advice given, client decisions, and actions to be taken.

The Purpose of Fact Finding

You must be able to distinguish what information is required to progress the client’s case. This involves:

• Identifying who, what, when, where, why, and how questions relevant to the legal issues.
• Recognising gaps, ambiguities, or inconsistencies in the presented facts.
• Avoiding the inclusion of immaterial background or unnecessary detail.
• Establishing the client’s goals and constraints (legal and non-legal) so that your questioning and subsequent analysis are targeted.
• Planning how you will capture essential context (e.g., the roles of all parties, relevant documents, and any procedural history) and verifying core facts with the client.

Fact finding is often iterative: as you identify the legal issues, you will discover what further facts you need. Use focused, open questions initially, then funnel to detail. Summarise back to the client to check you have recorded the key points accurately.

The Role of the Attendance Note

The attendance note is not a verbatim transcript. Instead, its focus is:

• Legal and factual issues discussed.
• Instructions and information received.
• Legal analysis (including options and risks).
• Clear recommendations or advice.
• Steps to be taken by lawyer and client.

In practice, the attendance note protects both the client and the firm. It demonstrates that advice was based on facts obtained, explains how the law applies, and shows that options and risks were discussed. Keep the tone neutral and non-judgemental. Record perceptions as perceptions (e.g., “client believes…”) and distinguish these from objectively verifiable facts. If advice has significant consequences (e.g., costs, potential criminal liability, or collateral effects), note that you explained those points.

Structure of an Effective Attendance Note

An effective attendance note should be:

• Chronological, logical, and clearly sectioned.
• Objective—no personal views or speculation.
• Written in plain, accurate English.
• Error-free, with correct client and matter details.

A typical structure may include:

1. Date, time, place, attendees.
2. Purpose of the meeting/interview.
3. Summary of facts elicited.
4. Identification of legal issues.
5. Legal analysis and advice given.
6. Decisions reached and next steps.

Key Term: legal analysis
The process of applying legal principles to factual circumstances to identify issues, risks, and options for the client.

To make the note useful later, consider mapping facts to the legal elements you must prove or disprove. For litigation, this avoids vague records—each factual point should connect to an issue (e.g., duty, breach, causation, loss) and, where relevant, to evidence sources (documents, witnesses, expert reports).

Worked Example 1.1

You meet a client, Mr Patel, about a potential breach of contract. He provides various documents relating to delivery dates and payment terms. During the meeting, he mentions an unrelated business matter and his travel plans for next month.

Question: What information should you prioritise in your attendance note, and how should you record it?

Answer:
Focus exclusively on facts relevant to the alleged contract breach—dates, terms, documents, and instructions regarding this matter. The unrelated business and travel details are irrelevant unless they affect the contract. Record the key facts, discuss the legal issues (e.g., delay, breach), summarise advice, and set out agreed next steps.

Identifying Legal Issues from Facts

A central skill is converting factual information into legal issues, for example:

• Breach of contract: Which terms are asserted to be breached? What caused the breach? What are the remedies and defences (e.g., exclusion clause, force majeure)?
• Negligence: What duty, breach, causation, and loss can be established from the client’s account? Are there evidential gaps or conflicting accounts?
• Employment: Is the dismissal fair in substance and procedure? Consider the employer’s reasons, the process followed, and the ACAS Code of Practice on Disciplinary and Grievance Procedures.
• Family: What events and relationships need verification for a financial remedy or children proceedings? Identify assets, income, needs, and any risk or safeguarding issues.
• Civil procedure: If summary judgment is contemplated, record why the opponent may have no real prospect of success and whether there is any other compelling reason for trial (approach in Swain v Hillman remains relevant).

Your note should clearly identify each legal issue as it arises and connect it to the relevant factual background. Where the law requires specific elements to be proved, list those elements and note which facts speak to each. Record any missing information and how you intend to obtain it.

Analysis and Advice: Recording Legal Reasoning

Analysis must be concise, objective, and strictly based on facts gained. Provide clients with realistic options, without speculation, and document your rationale for each recommendation made. Explain material constraints (e.g., limitation periods, costs, timeframes, procedural rules) and non-legal consequences where relevant.

When advising on criminal matters involving honesty, use the current test for dishonesty (Ivey v Genting Casinos [2017]): assess the defendant’s actual state of knowledge or belief as to the facts, then apply the objective standards of ordinary decent people to decide whether the conduct was dishonest. If identification evidence is relevant, note any factors requiring caution (e.g., poor visibility, short observation) and compliance with applicable procedures (Code D under PACE). For hearsay and implied assertions, record the legal basis (e.g., Criminal Justice Act 2003) only insofar as needed to explain advice.

Key Term: objective recording
The practice of noting facts, analysis, and advice without personal judgment, opinion, or unsupported speculation.

Explain options clearly and in plain language. Check understanding. Confirm that decisions are the client’s, and record the decision taken. If you recommend further steps (e.g., disclosure requests, expert evidence, settlement negotiations), put them under “Next steps” and include target dates and responsible persons.

Worked Example 1.2

A client instructs you regarding alleged unfair dismissal. She states, "My manager never liked me and that's why I was fired."

Question: How should you handle this information in your attendance note?

Answer:
Record the facts: date and circumstances of dismissal, any meetings or warnings, and reasons given by the employer. Note the client’s perception but do not present it as fact unless objectively supported (e.g., documentary evidence). Advise on the legal requirement for fair dismissal and the relevance (or otherwise) of personal feelings. Highlight the need for contemporaneous records, the employer’s procedure, and how any procedural defects may impact the case.

Worked Example 1.3

A claimant asks about applying for summary judgment in a debt claim. The defence alleges vague delivery issues without documents.

Question: What do you capture and how do you frame the legal analysis?

Answer:
Record the claim basis, contractual documents, and proof of delivery and invoice. Note the defence’s assertions and the absence of supporting evidence. Link facts to the CPR test: whether the defence has any realistic (not fanciful) prospect of success and whether there is any other compelling reason for trial. Advise on evidential gaps, outline risks (e.g., possible late witness evidence), and next steps (serve a focused request for documents; prepare a witness statement and exhibits for the application).

Worked Example 1.4

In a criminal case, your client is accused of shop theft. She says she removed the item intending to pay but forgot.

Question: How should you record and analyse?

Answer:
Capture a detailed factual account (when, where, intention, conduct at the exit, and any CCTV or witness evidence). Map facts to elements of theft (appropriation, property, belonging to another, dishonesty, intent to permanently deprive). Apply Ivey’s objective dishonesty test. Note potential defences and practical steps: obtain CCTV, check store policy and witness statements, consider mitigation. Record advice on risks and next steps (plea strategy, evidence requests).

Worked Example 1.5

In a family financial remedy conference, the client mentions they have transferred funds to a relative abroad “to keep it safe.”

Question: What should be recorded and how do you advise?

Answer:
Record the client’s statement and the timing, amount, and destination of transfers. Explain relevance to financial disclosure and the risk of adverse inferences if assets are concealed. Advise on full and frank disclosure obligations, potential court powers (including setting aside transactions intended to defeat claims), and consequences for credibility and outcome. Agree next steps: gather bank statements, correct any prior non-disclosure, and consider whether specialist advice is needed.

Worked Example 1.6

A bail application must be made urgently. The client has missed past court dates and is unemployed.

Question: How do you structure facts and advice in your note?

Answer:
Record bail objections (risk of failure to surrender, risk of further offences) and facts relevant to addressing them (stable address, responsible surety, health, ties to the community). Advise on realistic conditions (curfew, reporting, surety) and how they mitigate risks. Note the presumption in favour of bail and the need for the court to justify refusal in accordance with the statutory framework. Capture agreed strategy and any information still needed (confirmation from proposed surety, employment or medical letters).

Practical Tips for SQE2

• Listen carefully and ask open questions to fill gaps.
• Do not use template notes; tailor the record to the client’s unique circumstances.
• Preserve confidentiality; record only what is necessary and relevant.
• Re-read your note for clarity and completeness before completion.
• Avoid over-reliance on detailed checklists—use topic prompts so you can listen actively and follow up cues.
• Make the interview environment as private and quiet as possible; explain note-taking and occasionally pause to record complex details accurately.
• Use plain English; avoid long, complex sentences and unnecessary jargon. Be specific on timescales, actions, and responsibilities.
• Construct chronologies, lists of parties, and simple plans or diagrams where they add clarity. Remove visual aids from view once used to avoid distraction.
• Be non-judgemental and objective. Separate facts from beliefs and opinions, and verify where possible.
• Record costs implications and timeframes alongside advice where relevant. Where uncertainty exists, give realistic ranges rather than vague promises.

Revision Tip

Focus on identifying which facts are legally significant when reviewing sample attendance notes. Practice rewriting drafts to improve logical flow and clarity.

Exam Warning

Failure to separate fact from opinion or to miss a material issue is a frequent cause of low marks. SQE2 examiners expect each element of advice to be justified by both factual and legal analysis. Unsupported assertions, unstructured notes, or unclear next steps often lead to weak performance.

Key Point Checklist

This article has covered the following key knowledge points:

• The goals and structure of fact finding in client interviews.
• Essential elements and required content for effective attendance note drafting.
• The importance of identifying legal issues from factual details.
• The need for objective, clear legal analysis and actionable advice.
• Common pitfalls in attendance notes—omission of material fact, inclusion of opinion, lack of clarity.
• How to map facts to legal elements and evidence so notes support the case.
• Using simple chronologies and diagrams to clarify complex matters.
• Explaining options, risks, and next steps in plain, specific language.
• Ensuring the note records the client’s objectives and decisions, with responsibilities and target dates.

Key Terms and Concepts

• fact finding
• attendance note
• legal analysis
• objective recording