Introduction: Pleadings

• Pages: xi-xix
• Author: Janet S. Kole

Introduction:

Pleadings

When you think of pleading your client’scase, you un-

doubtedly envision yourself delivering astirring oral argu-

ment in front of ajudge or ajury.While that is certainly the

endgame in litigation, it is not the beginning. Complaints

and answers are called “pleadings” for areason: they are

the initial explanation that you craft as alawyer to explain

your client’sposition. Although pleadings are written, not

oral, they can and should be stirring enough to make your

client’sposition clear.

Pleadings needn’tbedry.They can and should convey

your fervent belief in your client’scause. While you may not

have as much fun pleading in writing as you would orally,

you will find the crafting of pleadings intellectually stimu-

lating if you think about the philosophical and historical

background of modern day pleading while using the plead-

ings to tell your client’sstory.

One of my favorite law professors was aHarvard-edu-

cated hard-ass named Joseph H. Koffler.Hetaught Torts, in

avery idiosyncratic way.First, we had to learn about asub-

specialty of his—common law pleading. Wayback in 1976,

when Itook his class, as afirst year law student at New

York Law School, Irefused to be intimidated by his bark,

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