The Complaint

• Author: Daniel D. Quick
• Pages: 37-46

I. DEFINE THE OBJECTIVES OF THE COMPLAINT

The complaint is a tool. There are certain baseline requirements for the tool,

spelled out in the rules of civil procedure or court rules, eshed out by case

law. Beyond these required elements, the shape, contours, and tenor of the

complaint are determined by strategic considerations. While every now

and then lawyers get tripped up on the formalities, the artistry of crafting

a complaint to achieve strategic goals presents a career-long arc for rene-

ment and polishing.

Thus, the strategic purpose of the lawsuit must rst be dened and consid-

ered before one can craft a pleading to fulll that goal. Within the question

of “why are you suing?” lie several distinct questions: (1) What wrong has

occurred for which your client seeks redress? (2) Can redress be achieved

through litigation? and (3) Is seeking redress through litigation the optimal

and desired strategy for your client?

Starting with the harm that has befallen your client often helps clarify

strategic goals. Is the harm more to one’s ego than to one’s true interests? Is

the litigation being pursued not so much for harm done but rather ulterior

business motives? Of course, consideration of the harm inevitably leads to

consideration of the causes of action implicated by the wrongful conduct,

but by focusing upon the harm, oftentimes clarity is achieved on all that

follows—both what claims are pled as well as how the case is litigated.

For example, a jilted minority shareholder will convey his or her reaction

to and harm caused by being squeezed out in layman’s terms; it is for the

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CHAPTER 3

The Complaint

Daniel D. Quick

Nelson_BizTorts_20140514_15-35 Confirmation Pass.indd 37 8/12/14 10:25 AM