There have been at least three cases over the previous few months where attendance notes taken by solicitors have played a significant part in the outcome of a case, appeal or application.  These notes protected a solicitor against complaints of mis-advising and helped with issues relating to the assessment of costs, including solicitor and own client costs.  

This webinar covers many of the essential issues relating to attendance notes in litigation, and generally.

WHAT THE WEBINAR COVERS

• Recent cases on 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

It also looks at cases where attendance notes have been considered and the significant role they can play in relation to allegations of misconduct, the litigation process (when a client is making a complaint about a solicitor)  and the assessment of costs.

JUDICIAL OBSERVATIONS ON ATTENDANCE NOTES

“…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))
 
“… 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)