Drafting pleadings is one of the core skills every litigator must build, and as a junior, it is often a big part of your work. Pleadings are, in essence, the written statements that set out a party’s case, and drafting them well is a craft you develop over time. Let me give you an honest guide to the fundamentals of drafting pleadings as a junior litigator, and how you learn to do it well.
Quick answer
Pleadings are, broadly, the formal written statements in which parties set out their case in litigation. Drafting them well is a core litigation skill. The fundamentals of good pleadings drafting include: clearly and accurately setting out the case by stating the relevant facts and the party’s case in a clear, accurate and well-organised way; following the applicable requirements and format, because pleadings must comply with the applicable procedural law and court rules and conventions on form, content and requirements; being clear, precise and well-structured, because good pleadings are logically organised and readable; being accurate and careful, as accuracy and attention to detail are essential; and serving the case’s strategy, because pleadings should effectively present the party’s case.
Crucially, the specific requirements, formats and conventions for pleadings are governed by the applicable procedural law and court rules, and these can vary by court and type of matter. The Code of Civil Procedure, for example, contains specific rules dealing with pleadings, while other matters may be governed by different procedural frameworks, court rules or practice directions. As a junior, learn the specifics from the applicable rules, from seniors, and from good examples and precedents, rather than relying on a generic template.
You learn pleadings drafting largely through doing it, starting with support and building up, and through feedback from seniors and studying good examples. New juniors are not expected to draft perfect pleadings immediately. It is a skill you build through practice, feedback and study. The keys are to understand what pleadings are and the fundamentals of good drafting, draft according to the applicable procedural law and court rules, and build the skill over time.
What pleadings are
Pleadings are, broadly, the formal written statements in which parties set out their case in litigation, the documents through which a party’s case is formally stated. Drafting them is a core part of litigation, and often a major part of a junior’s work. Because pleadings formally set out the case, drafting them well matters a great deal.
The fundamentals of good pleadings
Good pleadings drafting rests on some fundamentals.
Clearly and accurately setting out the case. The relevant facts and the party’s case should be presented clearly, accurately and in a well-organised way.
Following the applicable requirements and format. Pleadings must comply with the applicable procedural law and court rules and conventions on form, content and requirements.
Being clear, precise and well-structured. Good pleadings are clear, precise, logically organised and readable.
Being accurate and careful. Accuracy and attention to detail are essential.
Serving the case’s strategy. Pleadings should effectively present the party’s case.
These fundamentals apply generally, but the specific requirements and formats come from the applicable rules.
Draft according to the applicable rules, not a generic template
This is important: the specific requirements, formats and conventions for pleadings are governed by the applicable procedural law and court rules, and they vary by court and type of matter. So you must draft pleadings according to those applicable rules and conventions, not a generic template.
Learn the specifics from the applicable procedural law and court rules, from your seniors, and from good examples and precedents in your context. The point is not to memorise one universal format, because there is no substitute for working from the rules that actually govern the matter before you. Always work from the correct, current requirements for your court and matter.
How you learn to draft pleadings well
As a junior, you learn pleadings drafting largely through doing it, starting with support and building up, and through feedback from seniors and studying good examples and precedents. New juniors are not expected to draft perfect pleadings immediately. It is a craft you build over time through practice, feedback and study.
So draft, seek and absorb feedback, study good examples, and improve steadily. Over time, you begin to understand not only how a pleading is structured, but also how the facts, issues and relief sought fit together into a coherent case. That is how litigators develop strong drafting.
YLCC ACTION STEP: Build your pleadings drafting on the fundamentals: clearly and accurately setting out the facts and the case in a well-organised, clear, precise and readable way that serves the case. Crucially, draft according to the applicable procedural law and court rules and conventions, which govern the specific requirements and formats and may vary by court and matter. Learn the specifics from those rules, your seniors, and good examples and precedents, rather than relying on a generic template. As a junior, build the skill through doing, feedback and studying examples. You are not expected to draft perfectly immediately. Always verify the applicable requirements.
If this is you
If you are drafting pleadings as a junior: focus on the fundamentals: clear, accurate, well-structured drafting that complies with the applicable requirements and serves the case. Draft to the applicable rules and learn from seniors and good examples. Build the skill over time.
If you are unsure of the format or requirements: these are governed by the applicable procedural law and court rules and may vary by court and matter. Work from the correct, current requirements for your court and matter, and ask your seniors. Do not rely on a generic template.
If your drafts are not perfect yet: that is completely normal. Pleadings drafting is a craft you build. Draft, absorb feedback, study good examples, and improve steadily.
FAQs
- What are pleadings? Broadly, the formal written statements in which parties set out their case in litigation, through which a party’s case is formally stated.
- What makes good pleadings? Clearly and accurately setting out the facts and case, following the applicable requirements and format, being clear, precise and well-structured, being accurate and careful, and effectively serving the case.
- Do pleadings have a set format? The specific requirements, formats and conventions are governed by the applicable procedural law and court rules, and may vary by court and type of matter. Draft to the applicable rules, not a generic template, and verify the requirements.
- How do juniors learn to draft pleadings? Largely through doing it, starting with support and building up, feedback from seniors, and studying good examples and precedents. It is a craft built over time.
- Am I expected to draft perfect pleadings immediately? No. It is a skill you build. Draft, absorb feedback, study examples, and improve steadily.
