FINAL CONSENT ORDERS IN COURT
A final consent order is useful to end a court case, waste of time, money and worries.
Experience has shown that it is absolutely necessary for a final consent order to be carefully thought out on the possible meanings, the various implications,
ramifications, practical effects and effectiveness of the proposed order. If you do not do that instead of putting the brakes on litigation you may be forced
to multiply litigation. You may be forced to apply to vary the order or you may need to set aside the order. The problems of a consent order are many.
The law is such that a consent order is difficult to set aside or vary so do not rush it .Another problem with a final consent order is that you have to approach
the courts by a new action if you wish to set it aside. That itself is starting all over again with the need to spend money, time and waste emotions.
A final consent order must not be rushed before the Court doors. Take enough time to make a draft and discuss it between Lawyer and client. If you are
presented with one draft by the other side just do not work only to improve their draft on paper but include all the important ideas of your own and leave out
nuisance or petty ideas.
The drafts and redrafts must be thoroughly explained to the Client before s/he commits to the order in writing. The client must make sure s/he understands fully
before s/he commits himself or herself .For instance if your side is presented with an attached survey plan to the order make sure that you get an explanation
from your own land surveyor of the plan. If the time is too limited for you to do something ask for more time on the court order . Do not believe that the other
side would just give you extension after they are in a position to lever you.
The client must not believe that the Lawyer knows best but must make every effort to understand and only if s/he is in agreement that s/he must say so and
sign the document.
The client must not adopt an unreasonable approach as in a compromise, there is give and take. You cannot get everything for yourself.
The Lawyer must seek the interest of the client at all times.
Neither the Client nor Lawyer must allow themselves to be pressured by the Judge to settle or on particular terms. If you need more time insist on more time .
Do not move in haste and repent at leisure. Remember Lawyers are endowed with unequal negotiating strengths . If your side is weaker you make need to
strengthen your side if you are being taken advantage of . Add a senior or more experience Attorney or expert if you do not have that already. We are not
telling you to get rid of your Lawyer who knows the nuts and bolts of the case but to get additional strength to complete satisfactorily and fairly.
Email for any queries: firstname.lastname@example.org (email@example.com)
Phone/Fax: (868) 673-5282 ; Mobile Phone: (868) 776-3416 / 776-1114
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