Crafting Persuasive Pleadings
The quality of pleadings often shapes litigation outcomes. Here are best practices for drafting convincing complaints, answers, motions and other pleadings:
Do's
- Follow court rules - Adhere to all procedural and formatting requirements.
- Simplify language - Use plain English and avoid legalese whenever possible.
- Be specific about facts - Allege facts clearly and specifically without generalizations.
- Organize logically - Present key facts, legal issues and arguments coherently.
- Support elements legally - Ensure each element of the claim/defence is properly supported.
- Focus on strongest arguments - Lead with the most persuasive legal arguments.
- Write concisely - Omit extraneous facts and redundant arguments.
- Proofread meticulously - Refine drafts to eliminate typos, grammar/citation errors.
Don'ts
- Misstate facts - Inconsistencies with evidence can sink credibility.
- Exaggerate claims - Stick to supportable arguments and avoid reaching them.
- Use weak legal grounds - Omit weaker or speculative arguments.
- Wait until the last minute - Rushed pleadings often have clarity issues.
- Include settlements offers - Keep settlement discussions confidential.
- Make personal attacks - Critique the reasoning, not the person.
