Legal Question in Civil Litigation in New York

A preliminary conference (PC) often represents an excellent opportunity to settle a case. The judge or his/her magistrate or clerk will often size up the parties and their demands and the judge will make some effort to bring the parties together or at least close the gap by pointing out the weaknesses in each party's case. The judge may do this by calling you into his chambers separately.

The best advice is to be respectful to all Court staff, be reasonable in listening to the judge or clerk's position, be open to moving off your demand to a reasonable extent, and to indicate to the judge that you are eager to get this case off of his docket.

In many instances, a judge will make a snap determination about the parties at the PC. If you are on the wrong side of that determination, you'll often find yourself at the losing end of the case down the road. Dress nicely, speak clearly, and address the judge as 'Your Honor'.

Good luck!