DRAFTING EFFECTIVE ATTENDANCE NOTES IN LITIGATION: COST EFFECTIVE DELEGATION FOR LITIGATORS: SOME FUNDAMENTAL POINTS ADDRESSED IN TWO WEBINARS

September 10, 2024 · by · in Avoiding negligence claims, Case Management, Civil evidence, Civil Procedure, Costs, Webinar

Last week I had the pleasure of giving a lecture, alongside many of my colleagues in the costs team in chambers.  There were about 100 lawyers present, many with considerable experience. I was able to take a straw poll of training that people had received in two specific areas – attendance notes and delegation of tasks in litigation.  It transpired that two of those present had had training in keeping attendance notes. None of those present had any training in delegation in litigation.  These issues are central, not only to the assessment of costs but to the smooth running of litigation as a whole.  Since nature abhors a vacuum these two webinars are designed to help litigators in these crucial areas.

Drafting effective attendance notes in civil litigation: Protect, survive and thrive: Webinar 18th November 2024: Booking details available here 

“…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).

 

Cost effective delegation in civil litigation: Webinar 9th December 2024: Booking details available here

 

In the note provided by Costs Judge Brown on costs budgeting in high value personal injury cases  the role of delegation by senior fee earners is considered:-

“When considering the hourly rates claimed, consideration may be given to the involvement of a senior fee earners in work which could reasonably be delegated to a more junior fee earner (at lower hourly rates).”

Very little guidance is given to practitioners on what and how to delegate.   A failure to delegate effectively can lead to costs being reduced considerably on assessment and at the costs budgeting stage.

This webinar considers:

  • Delegation and litigation in costs budgeting and the assessment of costs.
  • “The art of delegation”
  • What can you delegate?
  • Providing guidance when delegating.
  • Recording and justifying time.
  • Avoiding allegations of duplication.

It will provide useful guides, links and checklist. It aims to help both those delegating tasks and the “delegatee”.