11th hour "court house steps" agreements: Thoughts?

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Re: 11th hour "court house steps" agreements: Thoughts?

Unread postby AtticusFinch » Wed Apr 05, 2017 8:40 am

Trevor wrote:Let me add in two addition words: Court Reporter.


Can you expand on this?

Is your implication that it is important to do this in open court? Or is it possible to do this type of agreement with just a court reporter, with no judge present?
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Re: 11th hour "court house steps" agreements: Thoughts?

Unread postby AtticusFinch » Wed Apr 05, 2017 8:43 am

hoosier_dad wrote:Both of my settlements included handwritten and signed agreements. The first came out of mediation, and the second was a court house steps last second agreement.

Instead of typing out the agreement in a new decree with the potential of either side changing the terms, the decree sections simply stated referrals like "Assets will be split per exhibit A". Exhibit A was a handwritten page with 2 columns and all assets split up between us. Same with parenting time agreements. Those individual exhibits/agreements were signed by both parties and both attorneys.


Interesting, thanks.
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Re: 11th hour "court house steps" agreements: Thoughts?

Unread postby Trevor » Wed Apr 05, 2017 10:57 am

I was saying that the conversation around finding an agreement, if done on the proverbial courthouse steps, would be best documented with a court reporter. So many times when "OC" is asked to draft the agreement, they stick in all sorts of easter eggs for their client. It's happened to me every single time OC drafts something. Having a CR might mitigate that.

Of course, the use of CRs in your jurisdiction might not make this feasible - I just wanted to raise the possibility...your lawyer would know its applicability here.
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Re: 11th hour "court house steps" agreements: Thoughts?

Unread postby lovingfatherof2 » Wed Apr 05, 2017 11:08 am

In my jurisdiction you would want to get any agreement on the record which can only happen at the 11th hour. Once it is on the record either attorney that writes the final agreement cant put easter eggs into it. They can try but its just a matter of the other side filing a motion objecting to the written agreement because it is not what was placed on the record.

My ex tried to accuse me and my lawyer of that but it didn't fly because the written agreement was the same exact thing as what was placed on the record.
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Re: 11th hour "court house steps" agreements: Thoughts?

Unread postby AtticusFinch » Wed Apr 05, 2017 11:15 am

Trevor wrote:I was saying that the conversation around finding an agreement, if done on the proverbial courthouse steps, would be best documented with a court reporter. So many times when "OC" is asked to draft the agreement, they stick in all sorts of easter eggs for their client. It's happened to me every single time OC drafts something. Having a CR might mitigate that.

Of course, the use of CRs in your jurisdiction might not make this feasible - I just wanted to raise the possibility...your lawyer would know its applicability here.


This is interesting information that I wasn't aware of. I'll ask my attorney whether this might be applicable in my county of New York
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Re: 11th hour "court house steps" agreements: Thoughts?

Unread postby AtticusFinch » Wed Apr 05, 2017 11:18 am

lovingfatherof2 wrote:In my jurisdiction you would want to get any agreement on the record which can only happen at the 11th hour. Once it is on the record either attorney that writes the final agreement cant put easter eggs into it. They can try but its just a matter of the other side filing a motion objecting to the written agreement because it is not what was placed on the record.

My ex tried to accuse me and my lawyer of that but it didn't fly because the written agreement was the same exact thing as what was placed on the record.


Yes, this is why it seems imperative to have it on the record, presumably in open court. It seems to me that anything else has the potential to blow up in one's face with the potential addition of easter eggs from both sides.
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Re: 11th hour "court house steps" agreements: Thoughts?

Unread postby massdad1234 » Wed Apr 05, 2017 8:58 pm

you're missing the point. The 11th hour settlement should be your final offer or better and you have that plan ready to go in your back pocket. Grab the parts that need to be grabbed, but YOU should have that crafted ahead of time.
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Re: 11th hour "court house steps" agreements: Thoughts?

Unread postby AtticusFinch » Thu Apr 06, 2017 9:00 am

massdad1234 wrote:you're missing the point. The 11th hour settlement should be your final offer or better and you have that plan ready to go in your back pocket. Grab the parts that need to be grabbed, but YOU should have that crafted ahead of time.


I'll do that.
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Re: 11th hour "court house steps" agreements: Thoughts?

Unread postby Havalu7 » Thu Apr 06, 2017 9:08 am

In my case my counsel went down to the courthouse and filed the agreement and had it entered into the record that day.
My EX tried to change her mind but so sad too bad it was already entered:-)
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