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Do you have a right to see the brief your lawyer will be submitting to0 the mediator before the start of mediation?

Sacramento, CA |
Filed under: Litigation

I haven't seen my attorney's mediation brief or know as yet what will be in it. Do I have a right to see my attorney's brief before mediation?

My mediation begins on Wednesday 12/19

Attorney Answers 6

Posted

You should make certain that your attorney actually realizes that this is important to you. You might be surprised at how many clients do not read the materials submitted on their behalf by their counsel. You need to make sure that your lawyer understands your expectations regarding this aspect of the representation. One of the biggest complaints that clients have about lawyers is lack of communication. Having been in both the client and the lawyer role, I have to say that clients also bear some responsibility because they do not always make it clear how much communication they expect. Don't ask us on AVVO. Call your lawyer and talk about this. I'm sure it can be fixed.

This is a brief that your attorney is submitting on your behalf, right? You not only have a right to see it, you have a right to change what it says. I have been both a client and outside counsel and I have never had anything filed without the client's prior review and approval.

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Posted

Absolutely. But you should tell your Lawyer that this is important to you, and for him to allow you to review it before he submits it

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15 lawyers agree

Posted

Of course. Call and ask your attorney for a copy. I am surprised it was not voluntarily forwarded to you for review prior to filing.

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9 lawyers agree

Posted

If you want to see it before he submits the brief for your input, let your attorney know. Most attorneys have enough information to prepare the brief without input from the client.

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15 lawyers agree

Posted

Excuse my sarcasm or tone, but I really want to make this point clearly: If this is YOUR attorney, then whatever happens concerning your case in his or her possession ought to be open to you. Just a kind and considerate request, via phone, email or short note that you fax saying "Before you send over the brief for our upcoming mediation, please let me take a look at it. I'd like to see it before you send it over. Thanks." And, if it has already been sent, "Hey, [attorney name], please send me a copy of the brief you submitted for the mediation and, while at it, please also get me a copy of the brief the other side submitted. Thanks. " Add something nice and complimentary if you wish, but remember YOU are the client; the attorney works for you.

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11 lawyers agree

Posted

Yes... There should be no reason why your attorney would not share this with you.

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