I can still recall my initial experience of looking at pleading. The document lay on my desk like a riddle which I could not figure out. What was this thing? Why did it matter so much?
This is what I have been able to learn after my years of working with legal documents.
What Is a Pleading Anyway?
The first step in a court case is a pleading. Imagine that it is the first chapter of a story that initiates everything.
When an individual does file a lawsuit, he does not simply enter a court and begin talking. They must write up their complaint. That written document? That’s a pleading.
The other party is even allowed to retaliate with their own supplication. They could tell you that we did not do it or here is the reason why this does not count. No one enters a courtroom before both sides present their side of the story on a piece of paper.
Why Pleadings Control Everything
I used to believe that lawyers had the ability to switch stories at any time they saw fit. Wrong.
A pleading locks you in. What you argue, out there in that first document, is you roadmap of the whole case. Miss something important? You may never have time to raise it afterwards.
That is why the drafting of laws is such a big thing. A single sentence written badly may end up costing a person his or her case. I’ve seen it happen.
The Basic Parts That Matter
Every pleading needs certain pieces to work:
The caption explains to you who is fighting, and which court you have. It may sound easy, but put the names of the parties in the wrong order and you have just sued the wrong person.
The statement of facts explains what happened. This is a detail, which is to be taken into consideration. You do not want to be too brief in making your point, nor too detailed that you arm the other side against you.
The claims spell out the legal reasons you deserve to win. This section separates good legal writing from bad. You need to connect the dots between what happened and why the law says you should win.
The prayer for relief states what you want the court to do. Money? An order to stop something? Be specific here.
Where Most People Go Wrong
Law writing does not relate to fancy words. But how many of us cram our petitions with words no one knows.
I was once reading a complaint that contained the word hereinafter six times in a single page. The judge most likely felt like throwing it across the room.
Good pleadings are plain. They tell a clear story. They cling to facts which can be proved.
Another mistake? Being vague. It is not enough to say that a person did something wrong. What did they do? When? How did it hurt you?
The Strategy Behind the Words
It is not taught in the majority of school courses that a pleading is a legal document and a persuasive measure.
You are not filling out the boxes. You are attempting to get the judge on your side since the beginning.
It is a matter of selecting the facts to present first. It refers to the process of structuring your arguments to construct your argument. Often omission is as important as inclusion.
The Amendment Question
The court will allow you to correct errors in your pleading, but you are limited.
It may give you one opportunity at correction. Maybe two if you’re lucky. Then you are so much up to what you submitted.
It is why it is important to do it once. Hurry through your first pleading and you will spend months trying to seal the holes.
What This Means for You
Take pleadings seriously, in case you ever have to file a case or be a respondent. DIY vs Professional Conveyancing: Which Option Is Right for You?
Get someone who has an idea of how to write them correctly. Or when you are doing it yourself, get examples of cases that are similar to yours.
That is because when you file that document, it becomes the basis of all that comes after it. Lay a reasonable foundation or lose your case.
That is what the pleading in the writing of law is about. It’s not just paperwork. It is the thing that keeps your whole case together.
