“You can’t build a great building on a weak foundation.”
– George Hinckley
Pleadings are the foundation of all court cases. The pleadings (in Ontario – Application, Answer, Motion to Change, Response to Motion to Change, etc.) form the basis of the claims you are making and give the court – and the other party – notice of what you are asking the court to make. It is the foundation from which your case is built. A weak foundation leads to a weak case.
Inaccurate or incomplete pleadings lead to a host of problems down the road. Failure to include a request for an order in your pleadings will lead to delay and additional costs. Including a request for something the court has no authority to order weakens your case.
Getting help from a lawyer at the outset, when you are preparing your pleadings, helps lay a stronger foundation from which you can build your case.
On a limited scope basis, a lawyer can prepare your pleadings for you. This ensures that you know that your foundation is sound so that you can build from there.
On a legal coaching basis, a lawyer can advise you on what claims you will want to make, how to complete the forms properly, and what information to include. The lawyer can then edit your drafts before you ultimately file them with the court.
The strength of your case is based on your pleadings. It is critical to understand your case from a legal perspective when building your foundation.
Check back next week, ‘Q’ is for …