Drafting a stipulation and edits

[finchrat]

Jurisdiction

California

A draft of a stipulation Interlocutory document is submitted to an
opposing attorney. Opposing attorney makes his edits some of which are materially harmful to one of the parties. that party's attorney does not discuss any of the edits with his client who upon seeing the document realizes how harmful they could be to his interests. Should this attorney have discussed and advised his client as to the edits and their ramifications to his interests?

 

[adjusterjack]

Should this attorney have discussed and advised his client as to the edits and their ramifications to his interests?

Yes.

How does knowing that help you?

 

[finchrat]

Because it was not clear to me. I am not an attorney.

 

[Tax Counsel]

The attorney should discuss with you his proposed response to the edit requests and the reasons for taking that approach. How long has it been since your attorney received the proposed changes from opposing counsel? What, if anything, has your attorney said to you about it so far? And when is the stipulation due to be filed?

Unless I have question for my client, I don't typically get into much detail with my client on the proposals made by opposing counsel until I've worked out what I believe to be the best response and then discuss the opposing counsel's request and my response at the same time. Often explaining what I want to submit answers some of the questions my client has and norrows down the scope of things we need to discuss. That approach takes less of my time, which equates to less of a fee for the client because the majority of my clients pay by the hour.

So if it hasn't been long since your attorney received the response, it may be that the attorney is working on the best way to address it before talking to you. If you're not sure, contact the attorney and ask about scheduling time to discuss it.

 

[Zigner]

Is it YOUR attorney, or another party's attorney that you are asking about?

 

[finchrat]

My attorney, yes. I do not know the filing deadline but will find out.
It has been about 3 weeks since the two of them did their editing thing. When I got the revised document I saw one particular edit that concerned me. I called him about it. I asked if this was the final draft, he said probably. I asked if he knew this particular edit was done. He said no that he must have "missed it" and that it should not be there. We agreed on that. That was all the explanation I got. I dont know if he knew of the other edits. I wasnt looking for an editing job I wanted an explanation of the edits and lines removed and how it would impact the case. He is not good at explaining and doesn't like to be questioned. I did not get the feeling he was working some strategy and he didnt say anything like that. My impression drawn from reading the email correspondence between the attorneys which he forwards me, is they just want to get it overwith. It involves the sale of a property of which both parties are owners equal shares.