Learning Outcomes
After reading this article, you will understand methods of fact finding during client interviews, how to structure and record attendance notes, and the importance of capturing precise client instructions and objectives. You will be able to apply effective techniques to extract and document relevant information for the SQE2 assessments.
SQE2 Syllabus
For SQE2, you are required to understand the practical steps related to interviewing, fact finding, and recording information. Focus in your revision on:
- extracting relevant facts from a client or witness efficiently
- formulating and using effective questioning techniques in interviews
- recording client instructions and objectives accurately
- preparing clear, reliable attendance notes that capture factual and legal issues
- understanding the significance of precise note taking for legal advice, compliance, and subsequent drafting
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 is the primary purpose of an attendance note in a legal matter?
- Name two questioning techniques suitable for eliciting detailed factual information from a client.
- Why is it important to distinguish between factual background and client objectives in your notes?
- What legal and practical risks arise from incomplete or inaccurate attendance notes?
Introduction
Effective fact finding is essential for every lawyer. During client interviews, you must uncover all relevant facts, clarify ambiguous points, and identify your client's goals. Following the interview, it is critical to produce a structured attendance note that accurately records key facts, instructions, and agreed next steps. Reliable notes support case preparation, advice, and compliance.
Fact Finding During Client Interviews
Approaching the Interview
An interview aims to obtain relevant facts and instructions. You must allow the client to explain their issue in their own words, while ensuring all necessary details are covered.
Key Term: fact finding
A structured approach to gathering all relevant factual and background information from a client, witness, or document for legal analysis.
Types of Questions
Using the right questions helps elicit factual information efficiently.
Key Term: open question
A question that invites the client to provide a narrative or explanation, encouraging detailed and unrestricted answers.Key Term: closed question
A question that restricts the answer, often to "yes" or "no," or seeks a specific piece of information, for quick clarification or confirmation.Key Term: leading question
A question that suggests its own answer; generally avoided when seeking genuine, unprompted information on disputed matters.
Listening and Clarification
Active listening is essential. If an answer is unclear or incomplete, follow up with targeted questions. Use summarising to check your understanding, e.g., "So, just to confirm, the contract was signed on...?"
Identifying Instructions and Objectives
Carefully distinguish between factual background, your client's desired outcomes, and any legal issues to be addressed.
Key Term: client instructions
The specific wishes, requests, or guidance given by the client to the lawyer regarding the management or resolution of their legal matter.Key Term: client objectives
The outcomes the client hopes to achieve through legal representation, such as compensation, settlement, or another specific goal.
Drafting Attendance Notes
After the interview, you must produce a contemporaneous attendance note.
Key Term: attendance note
A contemporaneous written record of a meeting or call, capturing key facts, instructions, advice given, and agreed actions for the file.
Structure and Content
A good attendance note is concise, chronological, and captures:
- factual background and sequence of events
- key questions and answers
- client instructions and objectives
- any advice given
- next steps and responsibilities
Importance of Accuracy
Attendance notes may be reviewed by colleagues, relied upon in court, or provided in disclosure. Incomplete or inaccurate notes may result in professional or legal risk.
Worked Example 1.1
You interview a client whose main concern is a workplace injury but who spends much of the meeting expressing anger about their employer. The client states they slipped on a wet floor at 9:15am, with two witnesses present. The employer claims the area was marked with a warning sign.
Question: How should you record the facts and client instructions in your attendance note?
Answer:
Note the time and nature of the accident, confirm presence of witnesses, and record the employer's assertion about the warning sign. Clearly separate the factual details from the client's emotional comments. Summarise the client's objective (to claim for injury) and any instructions (e.g., to obtain medical records).
Worked Example 1.2
During a telephone call, a client instructs you to settle a dispute on specific terms, but later disputes having agreed to those terms.
Question: How could an attendance note protect both client and solicitor?
Answer:
An immediate, detailed attendance note recording the client's consent and the terms discussed provides contemporaneous evidence of instructions, supporting the solicitor's position in any future disagreement.
Common Problems and Good Practice
Revision Tip
When recording notes, always use plain English. Clearly separate factual events, client instructions, and your own legal analysis. Avoid making assumptions; always clarify uncertainties during the interview.
Exam Warning
A common SQE2 pitfall is failing to record instructions or objectives accurately. Exams may test your ability to distinguish fact from interpretation, and to avoid including opinions or unsupported conclusions in attendance notes. Always focus on factual accuracy.
Key Point Checklist
This article has covered the following key knowledge points:
- The purpose and core elements of fact finding in client interviews.
- Use of open, closed, and leading questions, and when each is appropriate.
- Distinguishing between factual information, client instructions, and objectives.
- How to draft a clear, contemporaneous attendance note.
- The consequences of poor or inaccurate record keeping.
- Best practice for structuring and storing attendance notes for future use.
Key Terms and Concepts
- fact finding
- open question
- closed question
- leading question
- client instructions
- client objectives
- attendance note