“…the best evidence is the file note. It is a contemporaneous record made in connection with the provision of professional services“

 (HHJ Keyser KC, sitting as a High Court Judge in Mundil-Williams v Williams & Ors [2021] EWHC 586 (Ch)) 

Attendance notes form a major part of a litigator’s armoury. They are important in keeping a record of what happened and what was said and in protecting the lawyer if disputes later arise. They play a crucial role when costs are assessed and in solicitor-client disputes.

This webinar looks at what is necessary to draft effective attendance notes.

• The professional obligation to keep attendance notes.
• Attendance notes in court. What would happen if a judge looked at your notes?
• Attendance notes and “self-protection”.
• Attendance notes on the assessment of costs.

“… where a substantial conference takes place between solicitors and counsel I would normally expect to see a detailed record of the conference itself. Without such a record an element of doubt inevitably arises, not so much as to the time actually spent but as to whether it can fully be justified. In such circumstances, it is necessary to take a conservative approach, as it is where it is unclear exactly what work is being done or what the outcome might have been”

Costs Judge Leonard in Allseas Group SA, R (On the Application Of) v Sultana [2023] EWHC 2731 (SCCO)

“It is a sad and highly regrettable finding that the attendance note of 2 November misrepresents the true position as I find it to be and it is not a conclusion that I reach lightly”

HHJ Saffman in Mansion Estates Ltd v Hayre & Co (a firm) [2016] EWHC 96 (Ch)