Motion Practice #2: Drafting Persuasive Pleadings
Drafting pleadings is both art and science. The science considers the legal proofs necessary to sustain the desired outcome of the pleading. The art is the method of conveying the information persuasively. This article focuses on the persuasive aspects of drafting but don’t forget the science of the pleading. Consider the following when starting a drafting project: What relief am I seeking? What am I asking the Judge to do for my client? What is my authority? (statute or rule authorizing relief) What facts do I need to allege to support my relief? What is my legal standard of proof? What do I need to ultimately prove? What statutory or local rule drafting requirement must I comply with (e.g. do I need to attach an affidavit?) Start by preparing an outline of the pleading considering these questions. Do any necessary research. Have any reference materials printed out or up on the screen. And then start writing considering your reader. Who are you trying to inf...
