From the desk of My Collaborative Team President, Edward S. Sachs, CPA
We teach that taking minutes during team minutes is an essential part of the Collaborative Process. But are they?
Do they really serve a meaningful function, or do they just increase the bill to the clients?
My feelings about this are mixed. Minutes have come in handy in some cases, especially as a resource to remember issues that have been discussed and possibly settled. I also use the minutes to guide my work and to follow-up with clients on homework. However, in some matters they have become extremely burdensome.
One of the problems with minutes are they are not always treated as a recording of what was actually discussed. Clients will try to insert additional thoughts or sometimes even new thoughts that help to support their positions.
My biggest concern about minutes is the time and effort they take. I have a current matter in which the minutes go through four and five revisions. Both attorneys are thorough note-takers and wordsmiths and the time spent on revising the minutes almost seems to exceed the time spent at the team meeting.
In some of my cases, we don’t take minutes at all.
So, minutes…love them or hate them? What do you think?
Minutes are an extremely important part of the Collaborative process. In essence, the minutes memorialize the meeting and all matters discussed by including any agreements reached that may be material to the drafting of the Marital Settlement Agreement. Minutes also confirm tasks or homework that requires completion for both professional team members and clients before the next meeting. They also are material to drafting the Agenda for the next team meeting, which is also an important part of the collaborative process, in laying the foundation for purposeful, productive and effective team meetings.
I’ve worked in cases where a Scribe has been assigned to the case, either a paralegal or other professional offered through the professional team or there have been cases where I have been both Scribe and Facilitator (a little more tricky I will admit but certainly doable.).
A useful tip that streamlines the preparation of minutes is that during the de-brief, professionals summarize what was discussed during the meeting, so that all of the professionals are in agreement and are on the same page with what has happened and what needs to happen next.
Spending too much time on minutes is a real issue, and I have been guilty of that. I strongly believe in having minutes because they serve an important role: keeping an accurate record of the Collaborative Process. Some people keep minutes that are, in my opinion, too detailed. I take comprehensive notes of all meetings and calls I participate in, Collaborative or otherwise, but that does not mean the official records need to be as detailed. Minutes definitely should include partial agreements and other important statements that were made, but the minutes only need to include salient items.