THE STATUS CONFERENCE

I have already discussed the trial management conference where the court administrates the practical details of getting discovery done, setting up the deadlines for when documents are due, and also making decisions regarding the parental responsibility plan. 

Another administrative type of conference is known as the Status Conference.  The Status Conference is a meeting which provides the judge with the opportunity to follow up on the agreements that were made at the trial management conference. 

If the parties agreed to a custody evaluation, this is an opportunity for the judge to set a date for the completion of the evaluation.  Also, if there have been any problems regarding compliance with the discovery dates established in Section III of the trial management conference agreement form JD-FM=163, this is an opportunity for the attorney for the party affected by that to speak up about it. 

If the other side needs more time for compliance, this is the time to set new deadlines, or if the other side is simply dragging their feet, the judge can now make it clear that the party, in fact, all parties must comply with discovery deadlines.  This is also an opportunity to talk about the barriers to settlement. What are the particular issues that the parties are struggling with. 

Both sides can now discuss the problems and recommended solutions with the judge.  If the judge wishes, he or she can provide his recommendation based upon his past experience or based upon case law. 

How many times have I heard litigants say, "I just want the judge to know my side of the story."  Often, it seems as though it is impossible to be heard through the layers of protocol and attorneys that stand between you and the judge.  The Status Conference is a good opportunity to make sure your voice is heard. 

The only problem with this is normally most attorneys tell their clients not to bother to show up.  "I'll handle this."  they say, "If you came, it would just be a waste of your time."  Baloney, don't listen to that.  What is going on is those attorneys don't want you to speak up and say what is on your mind.  They want to orchestrate and manipulate everything that happens before the judge and prevent you from having the kind of influence you would like to have on the Court.  So, if I were you, I'd go right ahead and nicely and sweetly include yourself in the proceedings. 

When you go to a Status Conference, you should bring your calendar with you, and your lawyer should as well, because this is often when the judge will choose the times for future hearing dates or else schedule your pretrial and trial dates. 

At any critical juncture, for example, if you change lawyers, or if there is a problem with the groundrules for conducting your trial, such as how evidence will be used, or whether one expert or another one will be allowed, there will very likely be a status conference.  The judge here will only make administrative, not legal decisions, so it really is an opportunity to talk about things that are going on which are hindering the parties from arriving at a reasonable settlement. 

Why it is important for you to know this is many litigants find that their ex husbands won't comply with discovery, or they refuse to follow through on agreements from the parental responsibility plan. When that happens many attorneys act helpless and say, "What can I do?  he won't comply!"  What you need to know is that attorneys are not helpless. 

Aside from a Motion For Contempt, attorneys can call a Status Conference and say, "Look judge, the other side is not complying with our agreed upon deadlines."  Of course, where the problem arises is when such attorneys never bothered to set up a trial management conference and never established any deadlines.  This is how you end up falling through the cracks--when your own attorney doesn't follow through on the kinds of administrative tasks such as filling out Section III of the trial conference form and then following up with a status conference to report back to the judge on how things are going with discovery. 

Attorneys are full of excuses when they don't do what they are supposed to do.  But don't believe them for a minute.  If they have done what they should have done, attended the trial management conference and the status conferences, everything should be in order regarding the completion of the custody evaluation and discovery, and don't listen to anyone who tells you otherwise.