Brian Stryker Weinstein is a partner and litigator with Davis Polk in New York who has taken on many benchmark cases in state and federal court. Among Brian Stryker Weinstein’s areas of interest are the qualities that set successful trial attorneys apart at every stage of complex proceedings.
One critical element of any litigation is the pleading, which controls aspects such as what the issues are, who is involved, and what defenses will be raised. It also defines the level of discovery permissible and available remedies.
Trial judges are often inundated with documents to look over and sign, so the key to a well-drafted pleading is brevity and accuracy. Instead of burying the critical issue, bring it to the fore and strip away unnecessary legalese. Focus on imparting information in a way that will make the court inclined to rule in one’s favor while giving it reasons to make such a decision.
As a general rule, it is best to provide a comprehensive summary of the pleading’s substance within two pages. Present the issue at hand clearly and provide the court with insight into how counsel believes the matter can be best resolved. The rest of the document should frame the relevant legal issue within the context of background facts.
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