• June 7, 2012

This week, the United States District Court for the District of Minnesota has put out some proposed rule changes (more specifically the Federal Practice Committee, headed by Jeannine Lee of the Leonard Street law firm).

A “redline” of the proposed changes are here and, of particular interest, the court would apparently like lawyers to problem-solve their litigation disputes between one another before bugging the judges with them.  Go figure.  Many lawyers seem to think the judges relish the role of baby-sitter.  A requirement to “meet and confer” (not necessarily in person) and a certification of having done so will have to accompany motions if the proposed rule change takes effect.

There is no question but that the court and most clients will welcome this fairly common sense requirement.  Presumably most lawyers will welcome it as well, though, in certain isolated instances, some will lament a threshold obligation to be reasonable with opposing counsel who might be profoundly unreasonable.  (“Before pointing out outrageous conduct to the court, go help yourself to a little more…”?)

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