John Day of Day On Torts offers some good tips on the proper way to memorialize conversations with other lawyers. Among other things, write objectively, repeat your understanding of the agreement accurately, and if you can’t remember what was discussed, admit it. Then, give your adversary a chance to make corrections.
All of Day’s advice should be common sense, of course. Unfortunately, it’s not. But if you follow Day’s tips, you can protect your clients’ interests and minimize the stress and distrust in dealing with other lawyers.
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