I've been using emails as Sherri does, for post-fourway memoranda. They go out
simultaneously to all four participants, with a request from the drafter that
any errors or omissions be pointed out promptly via "reply" button. So easy,
so helpful. We discuss procedural agreement at first fourway, and I've never
encountered anything but enthusiasm from the other collaborative attorney. And
there is a running record of everything discussed, which is extremely valuable.
Sometimes, clients get so excited about it that they start cc'ing all
correspondence all around, which can present some problems. It's good to be
clear about what kinds of subjects are appropriate for simultaneous
distribution and which are not. My own preference is an agreement that
post-fourway memos and scheduling communications can be handled this way, but
that substantive discussions outside the fourway meeting room should not be
initiated in emails except by prior specific agreement. I'm cautious about the
latter as it has caused difficulties in some cases.
Pauline Tesler
----- Original Message -----
From: mede8tr@xxxxxxx
To: CollabLaw@xxxxxxxxxxxxxxx
Sent: Friday, January 11, 2002 7:25 PM
Subject: Re: [CollabLaw] Collaborative Law via e-mail
Hi Tom- Interesting approach. You are to be commended for your creativity!
One of the ways we use email in our cases is the meeting memorandum. At the
first four way meeting, the lawyer in whose office the first meeting is held
asks permission of the clients to create a meeting memo during the last 10
minutes of the meeting. The memo is dictated by the lawyer but everyone
listens and participates so that it is a joint project and everyone is
comfortable with the content. The memo details what happened at the meeting,
creates a "to do" list, and often sets the next meeting's agenda. After the
memo is typed it is then emailed to everyone. The memo reinforces the joint
problem solving approach (we are all in this together) and also breaks down
barriers. We explain that in a more traditional approach a lawyer would never
directly email another lawyer's client, but that one of the goals in CFL is
efficiency and the direct email is efficient. It's just one more way to
change the dynamics. Sherri
Sherri Goren Slovin
30 Garfield Place, Suite 920
Cincinnati, OH 45202
T: (513)241-9844
F: (513)241-9908
www.collaborativelawworkshops.com
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