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A conference between the counsel or attorneys engaged on the same side of a cause for the purpose of examining their case, arranging their proofs and removing any difficulties there may be in their way.
This should be had sufficiently early to enable the counsel to obtain an amendment of the pleadings or further evidence. At these consultations the exact course to be taken by the plaintiff in exhibiting his proofs should be adopted, in consultation, by the plaintiff's counsel. In a consultation on a defendant's case, it is important to ascertain the statement of the defence and the evidence which may be depended upon to support it; to arrange the exact course of defence and to determine on the cross-examination of the plaintiff's witnesses; and, above all, whether or not evidence shall be given on the part of the defendant or withheld, so as to avoid a reply on the part of the plaintiff. The wishes of the client should, in all cases, be consulted.
Eng. Law. The name of a writ whereby a cause, being formerly removed by prohibition out of an inferior court into some of the king's courts in Westminster, is returned thither again for if the judges of the superior court, comparing the proceedings with the suggestion of the party, find the suggestion false or not proved, and that therefore the cause was wrongfully called from the inferior court then, upon consultation and deliberation, they decree it to be returned, where upon this writ issues.
French Law. The opinion of counsel on a point of law submitted to them.