Public-domain · open source
OpenJurist

Consultation

A Law Dictionary, Adapted to the Constitution and Laws of the United States · John Bouvier · 1839

A Law Dictionary, Adapted to the Constitution and Laws of the United States

practice, is a conference between the counsel or attorneys engaged on the same side of a cause, for the purpose of examining their case, and, if possible, removing the difficulties in their way. This should be had sufficiently early to enable the counsel to obtain an amendment of the pleadings, or furtherevidence. At these consultations the exact course to be taken by the plaintiff in exhibiting his proofs should be adopted, in consultation by the plaintiff’s counsel. Ina consultation on a defendant’s case, it is important to ascertain the statement of the defence, and the evidence which may be depended upon to support it, to arrange the exact course of defence, and to determine on the cross-examination of the plaintiff’s witnesses; and above all whether or not evidence shall be on the part of the plaintiff. The wishes of the client should in all cases be consulted.

3 Chit. Pr. 864.: