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Law Practice,
Civil Litigation

Jul. 19, 2021

Meeting and conferring with unrepresented litigants: Proposals and pointers

Many attorneys anticipate the meet-and-confer process as eagerly as a dentist visit, but it can nonetheless prove useful; in my short life as a defense attorney, it has resulted in at least one or two complaints being amended in response.

Mitchell R. VanLandingham

Associate
Wood, Smith, Henning & Berman, LLP

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Code of Civil Procedure Section 430.41 requires, as a prerequisite to filing a demurrer, the parties to meet and confer regarding a pleading's deficiencies. The requirement reflects a strong (if somewhat Pollyannaish) public policy in favor of resolving civil disputes outside court. Many attorneys anticipate the meet-and-confer process as eagerly as a dentist visit, but it can nonetheless prove useful; in my short life as a defense attorney, it has resulted in at leas...

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