Legal Definitions - Meet and Confer

Meet and Confer refers to a mandatory requirement in many legal proceedings where opposing parties must communicate directly with each other to discuss specific aspects of their case and attempt to resolve disputes or streamline the litigation process without immediate court intervention.

The primary goal of a "meet and confer" is to encourage parties to find common ground, narrow down issues, or reach agreements on procedural matters, thereby saving time and resources for both the litigants and the court system. This discussion typically occurs before filing certain motions or at specific stages of a lawsuit.

• Example 1: Resolving a Discovery Dispute

  Imagine a lawsuit where a small business is suing a former employee for misappropriating trade secrets. The business believes the employee has relevant documents on their personal computer, but the employee refuses to provide access. Before the business can ask the judge to compel the employee to turn over their computer for forensic examination, the court rules require both legal teams to meet and confer. They must discuss the specific files requested, why they are relevant, and explore potential compromises, such as allowing a neutral third party to review the computer for specific keywords, rather than a full handover.

  This illustrates "meet and confer" because the parties are compelled to discuss a specific discovery issue (access to evidence) and try to find a mutually agreeable solution before involving the judge, aiming to resolve the dispute efficiently.

• Example 2: Pre-Motion Settlement Discussions

  Consider a breach of contract lawsuit between two construction companies. One company intends to file a motion asking the court to dismiss the entire case, arguing that the contract itself is invalid due to a technicality. Before filing this potentially case-ending motion, the court mandates that the attorneys for both businesses meet and confer. During this discussion, they must explore the possibility of a settlement, discuss the strengths and weaknesses of their respective arguments regarding the contract's validity, and see if there's any way to resolve the dispute without the judge ruling on the motion.

  Here, "meet and confer" serves as a pre-motion requirement to encourage settlement discussions and potentially avoid the need for court resources to decide a complex legal argument, aligning with the goal of dispute resolution and judicial economy.

• Example 3: Developing a Case Management Plan

  In a complex environmental lawsuit involving multiple plaintiffs and a large corporation, the court needs a plan for how the case will proceed, including deadlines for exchanging information and setting trial dates. The court orders all parties' legal representatives to meet and confer to develop a proposed case management plan. They must discuss and agree upon a schedule for initial disclosures, discovery deadlines, expert witness reports, and potential mediation dates. They then present this jointly agreed-upon plan to the judge for approval.

  This example demonstrates "meet and confer" as a mechanism for parties to collaboratively plan the procedural aspects of their case, proactively agreeing on timelines and processes to ensure the litigation moves forward smoothly and efficiently, rather than having the court dictate every step.