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

Learning Outcomes

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

• Distinguishing material facts from background detail and prioritising legally significant information for analysis and advice
• Constructing accurate event and document chronologies, using time anchors where dates are uncertain, and cross-referencing sources
• Recording key information in clear, professional attendance notes with an objective tone and logical sequencing
• Linking facts to the elements of causes of action or offences, limitation, remedies, and evidential requirements
• Using structured questioning (open, funnel, and closed) to clarify dates, actors, actions, and fill gaps or inconsistencies
• Separating client instructions, factual narrative, advice, decisions, and agreed next steps to avoid conflation
• Capturing uncertainties, conflicts, and gaps for follow-up, and cross-checking accounts against documents and other evidence
• Converting chronologies into action plans with responsible persons, deadlines, and diarised critical dates
• Understanding how disciplined fact finding supports legal advice, compliance, and best practice for 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. This article covers the following aspects of the syllabus:

• distinguishing material facts from immaterial or background information
• 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
• linking facts to legal issues and evidential requirements
• applying questioning, listening and note-taking techniques to ensure accuracy and objectivity
• recording decisions, instructions, and action points with timescales and responsibilities

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. They also manage risk: they evidence instructions, support compliance, and assist colleagues picking up a file at short notice. The quality of your chronology and note will often determine the clarity of your legal analysis, your advice, and the efficiency of follow-up steps.

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. A practical way to test materiality is to ask whether the fact helps prove or disprove an element of the claim, defence, or offence; affects limitation, jurisdiction or remedy; changes strategy; or goes to credibility or admissibility. Materiality is context-sensitive:

• In a negligence claim, material facts include duty nexus (relationship), standard of care issues, breach particulars, causation sequence, loss evidence and any relevant defences (e.g., contributory negligence).
• In a criminal case, identification, actus reus and mens rea markers, alibi details (dates/times/locations), and prior inconsistent statements are material.
• In contract, offer/acceptance/consideration, terms (express/implied), breach date, loss, mitigation steps, and any exclusion clauses are material.
• In family financial remedy, dates of cohabitation/marriage/separation, incomes, assets/liabilities, needs, contributions and welfare of any children are material.

Background details—emotions, generalised grievances, or narrative colour—may give context and rapport, but should be summarised succinctly unless they inform a legal test (for example, harassment context, vulnerability affecting reasonableness, or conduct relevant to discretion). Maintain an objective and non-judgmental tone: record what is said without pejorative comment, and avoid personal opinions.

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.

Build trust and control the environment. Find as quiet and private a space as possible so the client can concentrate. Explain at the outset that you will take notes, why you are doing so, and that you may pause them to ensure accuracy. Seek permission before handling sensitive documents or discussing personal topics. Be alert to barriers to listening—noise, fatigue, your own preconceptions—and adjust pacing, breaks, or explanation accordingly.

Use question types deliberately:

• Open invitations (“Tell me what happened next”) generate narrative and identify issues.
• Closed and yes/no questions confirm specifics (dates, times, amounts, identities).
• Funnel technique: begin open, then progressively narrow to specifics; use an inverted funnel later to synthesise and check the broad picture once details are clear.
• Avoid leading questions on contentious points; keep control by sequencing topics and using transition questions (“Can we move to what happened after the letter arrived?”).

When documents are relevant (e.g., letters, contracts, photos), introduce them purposefully, direct the client to relevant passages, and test their recollection against the document. Use simple visual aids (a road junction sketch, flat layout) to pin down positions and movements, but avoid unintentionally leading the client to your version—invite them to draw or place markers themselves. Where appropriate, note the presence of interpreters or supporters and their role.

Record uncertainties and conflicts transparently: note “client unsure whether Wednesday 13th or Thursday 14th; to check with GP appointment card.” Flag contradictions to resolve later (e.g., police interview vs proof of evidence).

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:

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

A clear chronology is the backbone of any legal advice, letter, or report. For most matters it is useful to maintain two linked chronologies:

• Event chronology: what happened, in order, with people and places.
• Document chronology: key documents by date of creation/sending/receipt (sometimes different), with relevance notes.

When dates are uncertain, record relative time anchors (“two days before dismissal meeting”). Distinguish what is known from what is assumed; use qualifiers (“approx.,” “client’s estimate”) and add “to verify” notes. Capture “critical dates” separately (e.g., limitation, hearing dates, contractual notice dates), diarise them, and ensure they appear in your action list.

In multi-party or multi-incident matters, add simple indexes: cast list (names, roles, contact details) and locations list. Sketch plans to clarify spatial relations (road layout, store aisle, property floor plan); these can reveal inconsistencies or missing steps. Use the chronology to map facts to legal elements: list the elements to be proved and align supporting events and potential evidence to each. This makes gaps and priorities visible.

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. A practical structure that works across practice areas is:

• Header: matter name/number; date and time; place; attendees (including any interpreter or third party) and capacities; purpose (initial instructions, pre-hearing conference, etc.).
• Preliminary: confirmation that note-taking was explained and agreed; any constraints (time limit, remote connection issues).
• Client objectives: what the client wants to achieve; any constraints or priorities (urgency, costs sensitivity).
• Factual narrative: material facts in chronological order; separate subheadings for distinct episodes if needed; direct quotes for key phrases (e.g., alleged threats) and clear attributions (“Client states…”, “Document shows…”).
• Documents: list any documents reviewed or received; cross-reference to chronology.
• Advice and discussion: outline legal and procedural points explained in plain English; options, risks, likely timescales and costs (where relevant); record the client’s questions and your responses.
• Decisions and instructions: what the client has decided; authority given; any limits (e.g., “Do not contact employer without approval”).
• Action plan: tasks, responsible person (you/colleague/client/third party), and target dates; critical dates noted and diarised.
• Housekeeping: funding/next appointment/communication preferences; conflict/ID checks status if relevant to the matter; signposting to follow-up documents (e.g., client care letter).
• Practitioner observations (if appropriate): brief, objective notes that may affect strategy (e.g., difficulty recalling dates; potential witness anxiety); avoid subjective judgments or disparaging remarks.

Style points matter. Use clear, modern language; avoid jargon; prefer active voice; be specific (dates, amounts, names, times). Do not conflate background commentary with the legal analysis—keep sections distinct so a reader can see source and status of each point. Keep layout legible and logically ordered and ensure the note would be usable by another practitioner who steps in.

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.

Worked Example 1.3

A client, Mr Patel, alleges constructive dismissal. He speaks at length about “long-term unfair treatment” and mentions: a written warning on 2 March, a raised workload after a restructure “around Easter,” an email from his manager on 5 May criticising performance, a grievance lodged “mid-May,” and his resignation on 2 June.

Question: How would you extract the material facts and build the chronology for your attendance note?

Answer:
Use open questions to capture the overall story, then funnel to specifics. Record:

• 2 March: written warning — obtain a copy (document chronology).
• Approx. early April (post-Easter): workload increase — clarify exact date/metrics and comparators.
• 5 May: critical email — request the email; summarise its contents objectively.
• Mid-May: grievance submitted — get exact date, content, and employer’s response and timing.
• 2 June: resignation — clarify whether resignation letter cites breach and whether notice was worked. Note any gaps (e.g., outcome of grievance) and add “to verify” tasks. Align facts to the legal elements: fundamental breach by employer, affirmation/waiver, and prompt resignation in response.

Worked Example 1.4

In a theft allegation, your client says: “I was in Bath that day; I took the 8 am train but can’t remember which station I arrived at. A colleague says they saw me at work at 10 am.”

Question: What do you record and what further steps do you note?

Answer:
Record the alibi with time anchors and uncertainty:

• Client’s assertion: left on 8:00 train to Bath; cannot recall arrival station; to check tickets/bank statements/phone location data.
• Conflicting account: colleague claims sighting at work 10:00 — note name, relationship, and how certain they are; to obtain statement. Add actions: request travel records; secure CCTV if possible; map journey times; compare with work access logs; consider identification procedures and potential for mistaken identity. Keep the note objective; mark conflicts for follow-up.

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. Common pitfalls include mixing advice into the factual narrative, omitting who is responsible for actions and by when, failing to record client objectives or decisions, and leaving dates vague (“recently,” “soon”). Avoid ambiguous pronouns (“he said…”)—name people; diarise critical dates.

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. Add a short “critical dates and actions” box to your notes, listing the three most urgent next steps with deadlines and responsible persons. Rehearse the funnel technique: open, narrow, confirm, summarise.

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
• mapping facts to legal issues and evidential requirements using the chronology
• using document and event chronologies together, with cross-references and “to verify” flags
• setting out decisions, instructions, and responsibilities clearly, with specific timescales

Key Terms and Concepts

• material fact
• chronology
• attendance note