Account of a substitution – what should a substitute's report contain after the hearing?

A substitution without a report is a service performed by halves. The client who, after the hearing, receives a text saying "ok, adjourned" knows next to nothing about their own matter: they do not know what the witness said, what the court probed, what undertakings were made and what deadline has just started to run. And yet it is they – not the substitute – who will carry the matter forward and answer to the end client. So let us settle on a standard below which one must not drop.

Why formalise the report – three reasons

1. Continuity in conducting the matter – a written account allows action to be taken without waiting for the record, which can be available only after weeks.

2. Proof of proper performance – in a dispute over fees or over liability for a mistake, the report is the first document everyone will reach for.

3. The account to the end client – the principal can, that same day, relay the course of the action to the client; professionalism shows precisely in such details.

Mandatory elements of the report – structure

Practice shows that a good report fits on one, at most two pages and always contains the same blocks:

1. Action header

Case number, court and division, the bench, the date and times (from–to), appearances of the parties and representatives, the presence of the public/media where it matters.

2. Course of the action

Chronologically and concretely: what motions were filed (and by whom), how the court decided them, what the witnesses testified – noting the content relevant to strategy, not a transcript. With testimony it is worth recording the impression too: the witness's confidence, inconsistencies, the court's reactions. The record will not convey this, and it is often the most valuable part of the account.

3. Rulings and undertakings

Decisions issued at the hearing, undertakings imposed on the parties (what, by whom, by what deadline), the date of the next hearing or of delivery of the judgment. This is the block from which deadlines start to run – a slip here is unforgivable.

4. Objections and incidents

Objections to the record (art. 162 k.p.c.), motions dismissed, unusual situations. If the substitute did not raise something because it went beyond the instructions – that too should be noted. Honesty in the account protects both sides.

5. Recommendations

Briefly: what, in the substitute's assessment, requires an urgent response from the client who engaged them (a motion, a pleading, evidence). The substitute was in the courtroom – their fresh perspective has a value that should not be wasted.

Form and deadline – rules of hygiene

• Deadline: the same day, at the latest the next working day. Memory of the details of a hearing has the shelf life of morning dew.
• Form: written (email, system), not by phone; a conversation may supplement the document, never replace it.
• Attachments: a photo/scan of notes if they contain quotations of testimony; a request for the record if one was filed.
• Confidentiality: the account contains data covered by professional secrecy – we send it through a channel agreed with the client who engaged us, not via a messenger from an announcements group.

Report template (to copy)

REPORT ON COURT SUBSTITUTION Matter: [case no.], [court, division] · Action: hearing on [date], time [from–to], courtroom [no.] Bench: [SSR/SSO …] · Appearances: [parties/representatives] Course: [motions and rulings; witness testimony – key content and observations] Rulings and deadlines: [decisions; undertakings: who/what/by when; next date] Objections/incidents: [including objections to the record] Recommendations: [proposed actions] Prepared by: [name, surname, professional title], on [date]

Summary

The report is not a bureaucratic flourish but the core of the substitution service – it is what turns "presence at the hearing" into an actual handling of the proceedings. I would advise writing the obligation to report (with a deadline!) into every substitution arrangement, and – as a provider – treating its quality as the best calling card there is in this market.

On Wokanda.net the report is built into the engagement's life cycle: the provider fills it in within the system, the client who engaged them receives a notification, and the document stays permanently attached to the matter.

See the substitution standard on Wokanda →