Pleadings: Technical Documents or Tools of Advocacy?

SKU: 61984.02

There are two approaches to drafting pleadings: one is to be brief and general, and the other is to tell a story in the pleading. For the latter, pleadings can be an opportunity for practitioners to advocate for their clients’ causes. This paper considers this notion of pleadings as a tool of advocacy, discussing both the advantages of using a more narrative pleading, as well as the potential downsides. Example pleadings are included as appendices to help illustrate some of the items discussed in the paper.

This paper is part of a collection presented at LESA’s Drafting Pleadings, Affidavits, and Orders: The Pleading Edge seminar Edmonton on February 9, 2016 and in Calgary on February 17, 2016.

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