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The Four-Way Meeting - page 3 |
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Written by Kathleen B. Vetrano, Esquire
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Page 3 of 4
The lawyer and his client must prepare for the meeting. The more the client knows what to expect, the greater the chances the meeting will be successful. On the other hand, if the unexpected should arise, the lawyer and client can meet in private or, if necessary, matters can be tabled for later consideration.
During the meeting, as agreement on an issue is reached, the lawyers should note the agreement in writing. On the other hand, if it appears agreement will not come about, it may be better to move on to something else, although still recording what has not been resolved. At the end of the meeting, the lawyers should recapitulate the issues, resolved and unresolved, and exchange a memorandum summarizing such results. This practice will aid in preventing misunderstandings and disagreements on the matters addressed.
A lawyer has to judge the ability and advisability of formalizing agreements on the spot. Theoretically, at least, the better and more thorough the preparation for the meeting, the more likely will be the opportunity to formalize. If, for example, before the meeting, counsel can agree on most provisions of a property settlement agreement, it should be easier to leave the four-way meeting with an agreement signed by the parties. In addition, a laptop computer or a ready personal computer can facilitate formalization.
The stage of the litigation at which the four-way meeting should occur depends on personal preference and on the aim of the meeting. Issues of custody and support are often addressed earlier. And even though an early meeting may not generate the last word on equitable distribution, it can, as discussed above, help identify the major issues. Also, as alluded above, at the end of a case, when a basic agreement has been reached, the four-way meeting can resolve the remaining issues more efficiently than a series of communications between counsel.
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