Absolutely. If you don't have a written, fully executed MSA and instead try to put it through "on the record", it is too easy to leave something out or inadvertently create ambiguity in a term(s). Then you will likely have to go back and forth with your client and opposing counsel. If you can't resolve, you have to get the transcript and file a motion. And the transcript may not even support your client's position . . . plus you could get extra lucky and have a client with buyer's remorse who sees this as a great opportunity to change the settlement terms he already agreed to regardless of you telling him it is not . . .
Total nightmare.
Hard to push back if judge wants you to put settlement through on the record now and memorialize it later but essential to stand firm. I would tell the judge I wish I could do what she was asking but that I can't adequately represent my client and protect his interests given the potential problems with say it now, write it later.
Anne Cralle, Esq.
Sent from my iPad
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James's advice is sound. I NEVER settle a case without a fully written and signed MSA. Sometimes we type them out or even handwrite them in the court house. But I NEVER put a client on the stand to listen to a 10 line recitation of what the deal is, put the case through, then try to hash out a 20 page MSA with adversary counsel. It just doesn't work and can get lawyers in a heap o' trouble. Some judges push hard to get the case put through. We have to respectfully push back. Hanan And one other piece of advice: Do not ever report a case settled until everyone has signed the agreement. I have seen judges admonish attorneys,... -posted to the "Family Law Section" community Re: ESP issue | | | And one other piece of advice: Do not ever report a case settled until everyone has signed the agreement. I have seen judges admonish attorneys, in front of a courtroom packed with ESP participants, because the attorney previously reported a case settled and then had to explain why it was not settled after all because one party refused to sign the agreement at the last minute. The attorney should have reported, for example, that the parties are in agreement with the terms, but must sign it in the courthouse. Good luck. James A. Vigliotti
Ventura, Miesowitz, Keough & Warner, PC
783 Springfield Avenue
Summit, New Jersey 07901
908-277-2410, ext. 124
Fax: 908-277-1374
Email: [email protected]
Website: www.summitlawyers.net
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