2 minute read
Pro Bono Thanks
CHAMBERLAIN
Mediation Arbitration
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developed the theory of your case and the necessary ultimate facts to support that theory, a well-organized statement of those facts should act as a piledriver, each succeeding fact leading to the inevitable conclusion that the defendant did something very wrong and should be required to compensate or to otherwise make amends to your client.
One more thing. Let’s refer to the people that populate our pleadings as “Plaintiff” or “Defendant” rather than “Col. Mustard” or “Miss Scarlett.” If there are multiple plaintiffs or defendants, consider “Defendant Scarlett” and “Defendant Plum” to keep any separate acts separate and merely “Defendants” when all defendants are alleged to have committed a given act or omission. (In family law cases, it can be convenient to refer to parties as “Husband,” “Wife,” “Mother,” or “Father.”)
Tips From the Bench
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and into the unilluminated conservatory will not likely get you into trouble with an adversary itching to practice his or her ORCP 21 A(1)(h) and E skills. Another conclusion of law allegation that I can find no fault with is to satisfy ORCP 68 C(2)(a) with an allegation that the defendant’s acts, as alleged, entitle the plaintiff to an award of reasonable attorney fees pursuant to, e.g., ORS 646.641(2).
As a particular variant of pleading the law, I am finding citations to cases and excerpts of those cases’ opinions sprinkled among the allegations of complaints, counterclaims, and replies. That’s just wrong. It is a pleading, not a trial memo. Save your legal arguments for your trial memorandum.
This is not to say that pleadings should be in any way dry or boring. If you have
