Withers drew up a  new LLP agreement for Wellesley when new partners were being added. However, after the agreement was signed a disagreement grew as to whether the law firm had followed instructions correctly or not. One issue raised was the lack of an attendance note after a telephone call between the law firm and the client.

Attendance note

But Justice Christopher Nugee held that the absence of such a note should not be automatically held against the firm. He said: ‘It is of course good practice to make attendance notes, precisely because the absence of them makes it more difficult to establish what instructions and advice were given, but I do not accept that the absence of an attendance note in some way counts against the solicitor in forming a view as to where the truth lies.’ Source: Legal Futures