Fact finding and attendance note drafting - Material facts a...

Learning Outcomes

After studying this article, you will be able to identify and distinguish material facts from background detail, construct event chronologies, and record key information in effective attendance notes. You will appreciate how fact finding supports legal advice, ensures compliance, and aligns with best practice for the SQE2 interview and case analysis tasks.

SQE2 Syllabus

For SQE2, you are required to understand how to extract and record relevant factual information during client interviews, build accurate event chronologies, and draft professional attendance notes. This topic is woven into several assessed skills, especially interview, advice, case analysis, and drafting.

As you review this article, focus on:

• the ability to distinguish material facts from immaterial or background information
• methods for organizing information into a factual chronology
• producing attendance notes that are clear, concise, and legally relevant
• using fact finding to support legal analysis and client advice in the assessment

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. What is the difference between a material fact and background detail when drafting an attendance note?
2. Why is a chronological order of events important in legal fact finding?
3. If a client mentions a series of events out of sequence in an interview, how should you organise this information in your records?
4. What are the key components of a legally effective attendance note?

Introduction

Fact finding is central to legal casework and client interviewing. In every matter, you must identify which facts are significant for the client's legal issue, arrange them in logical sequence, and record them accurately. For the SQE2, such skills underpin a range of tasks including interview, case analysis, and the production of attendance notes. Professional notes provide a clear, contemporaneous record for legal decision-making and future action.

Distinguishing Material Facts from Background Information

Key Term: material fact
A fact which, if proved, would affect the outcome or legal result of a case.

Key Term: chronology
An ordered timeline of relevant events, usually with dates, used to clarify the sequence and relationship between facts.

Focusing on material facts prevents confusion. Only facts which have legal consequences or bear on the client's options need to be recorded in detail.

Methods of Fact Finding in Client Interviews

During a client interview, clients rarely provide facts in strict chronological or logical order. You must use listening and questioning techniques to extract essential information and check key details.

• Start with open questions to allow the client to speak freely.
• Identify the core legal issue and direct questioning to fill gaps.
• Use closed questions to check specific dates, persons, or actions.
• Regularly summarise what you have heard for accuracy.

Building a Factual Chronology

Once information is gathered, constructing a chronological sequence is essential. This places events in temporal order, displaying cause and effect for legal analysis.

Steps:

1. List each material event with its date/time if known.
2. Fill any gaps or clarify inconsistencies with further questioning.
3. Cross-reference documents or statements for accuracy.
4. Highlight relationships between events, individuals, or issues.

A clear chronology is the backbone of any legal advice, letter, or report.

Drafting an Effective Attendance Note

A professional attendance note is more than a record of discussion; it is a structured document supporting case conduct. It should:

• Clearly identify the client, date, persons present, and purpose of interview.
• Record material facts and instructions obtained.
• Present information in chronological order.
• Note any action points or agreed next steps.
• Distinguish between what was said, what was agreed, and any legal queries for follow up.

Key Term: attendance note
A contemporaneous written record of a meeting, interview, or conversation, summarizing relevant facts, instructions, and agreed actions.

Well-drafted attendance notes are key evidence of instructions and effective client care.

Worked Example 1.1

A client, Ms Atkinson, tells you: "On Wednesday last week, my landlord banged on my door late at night, shouting that I owed rent. Then, two days earlier, he left a note under my door. On Friday, he changed the locks while I was out."

Question: What is the appropriate order for recording these facts in an attendance note?

Answer:
List the events chronologically by date, not in the order the client reported them. E.g.:

• Monday: landlord left note under door.
• Wednesday night: landlord banged on the door, shouted about rent.
• Friday: landlord changed the locks while client was absent. This shows progression and legal context (e.g., harassment and possible unlawful eviction).

Worked Example 1.2

You are interviewing a client regarding a car accident. The client shifts between discussing the crash, her injuries, and insurance matters.

Question: What steps should you take to identify the material facts and record them accurately?

Answer:
Guide the client to clarify each issue separately. Identify and record:

• The date, time, and location of the accident (material fact).
• Sequence of events leading up to, during, and after the accident (chronology).
• Injuries sustained and medical treatment obtained (material fact).
• Details of other parties and witnesses. Non-essential background or feelings can be recorded briefly or omitted.

Exam Warning

SQE2 candidates often include long narrative or emotional detail in attendance notes, making it harder to identify key facts or actions. For the assessment, always focus on recording material facts and clear next steps.

Revision Tip

Practise reconstructing event chronologies from jumbled client narratives and draft brief, factual attendance notes for each. This builds the skill most commonly assessed.

Key Point Checklist

This article has covered the following key knowledge points:

• the distinction between material facts and background detail in legal scenarios
• the importance and construction of an accurate chronology of events
• effective questioning and listening skills for extracting material facts
• drafting attendance notes with an emphasis on legal relevance, sequence, and action points
• common errors in attendance note drafting for SQE2 and how to avoid them

Key Terms and Concepts

• material fact
• chronology
• attendance note