Tips for Being Helpful as a Note-Taker or Observer

Articling students are often asked to take notes or act as observers. Whether it is for an examination for discovery, a client meeting, or even a trial, mastering the art of effective and accurate note-taking is essential. Here are some practical tips to help you take better notes and make more valuable observations:

1. Be Prepared

The key to being an effective note-taker is understanding expectations before the hearing or meeting begins. Take a few minutes to check in with the assigning lawyer or an associate working on the case. Ask for clear instructions to align yourself with what they need. Some important questions to consider include:

§  Would you like a copy of my rough notes as soon as possible after the hearing?

§  Should I organize my notes and prepare a detailed summary memo outlining the key evidence?

§  Are precise notes required, capturing phrases verbatim tone, and body language?

You should also ask if the lawyer has a precedent you could review to understand their preferred format and style.

Another important step in preparation is familiarizing yourself with the case in advance. This could include reviewing the pleadings, learning key names and legal terms, and understanding the main issues. This will help you identify critical information during the hearing and minimize confusion.

2. Use Abbreviations

Develop a simple system of abbreviations for commonly used terms, such as “P” for plaintiff, “D” for defendant, “R” for a refusal, and “UT” for undertaking. Create abbreviations for key companies or witness names ahead of time. This will allow you to type faster and capture important details. Before submitting your notes off after the hearing, make sure to include a chart or legend so that others can identify your abbreviations.

3. Focus on Key Points

Depending on the assignment, it may not be necessary to take verbatim notes. Verbatim notes are typically required in an examination for discovery or a meeting where the exact wording of a witness’s response is important. In client meetings or other hearings, it can be more effective to capture key points rather than transcribing every word. In these cases, focus on the most relevant information, such as:

·        Key arguments and evidence presented

·        Judge’s rulings or instructions (during a trial or motion)

·        Refusals, undertakings, objections, and responses to them

·        Notable changes to a witness’s body language or gestures, especially if they seem unusual or out of the ordinary

·        Off-the-record conversations between lawyers or witnesses

4. Stay Organized

Staying organized during a fast-paced hearing or meeting can be challenging, but many skilled lawyers structure their questions around specific topics or timelines. Pay attention to these shifts and use headings to categorize different sections of the meeting or hearing, such as Background, Family History, or Employment History. This will make it easier to review and organize your notes later.

If you are unable to organize your notes during the hearing or meeting, do so before sending them to a lawyer or colleague, if time allows. Take a moment to streamline the information to help improve clarity and make key details easier to find.

5. Listen Actively

Client meetings and examinations for discovery can often move quickly, making it easy to overlook crucial information. Clarify in advance whether you are expected to take verbatim notes or simply capture and summarize key points. Staying focused on the most significant details is key. Use active listening to help you identify and prioritize essential information over peripheral details, enhancing the quality of your notes.

6. Review and Clarify

Where time allows, review and organize your notes before sending them to the assigning lawyer, preferably as soon as the hearing or meeting concludes. The longer you wait, the more challenging it becomes to recall key details. Taking a few extra minutes right after the session to add important points or clarify details will help ensure your notes are accurate and valuable for future reference.

Taking notes and observing client meetings might seem to be simple tasks but require precision and attention to detail. The ability to take accurate and useful notes that others can rely on is invaluable. In the context of lengthy litigation proceedings, maintaining a clear and precise record of the events is essential for moving the file along efficiently and effectively.