Pleadings control everything in your case—who the parties are, what the issues are, what discovery is permissible, what remedies are available, and what defenses are raised. Drafting strategically is the sine qua non to achieve your client's objectives, no matter which party you represent. Motions often determine the outcome of a case even before trial, and enable you to obtain pre-trial relief, limit or dismiss claims, add parties, and otherwise promote and defend claims.
This program provides guidance on drafting pleadings, motions, and memos supporting and opposing motions, focusing on pleading strategies and pitfalls to avoid, applying the Federal Rules of Civil Procedure, with an emphasis on commercial litigation.
Stewart Edelstein, author of How to Succeed as a Trial Lawyer, Second Edition will discuss:
- Deciding which causes of action, and which affirmative defenses, to allege and which to eliminate
- Avoiding inadvertent waiver of the right to deny facts as alleged, and of the right to file pleadings and motions
- Implementing the complex Federal Rules of Civil Procedure governing counterclaims, crossclaims, and third party claims, to your client's advantage
- Drafting pleadings strategically, with greater impact
- Drafting effective motions and memos supporting and opposing them