Pleadings Reflective Paper

I recently took part in a pleadings exercise which involved drafting an Application for the initial pleading of a Family Law court action. The experience has been extremely useful in helping me understand the requisite steps involved in the court process and understanding the importance of acquainting the court and the parties with the facts in dispute.

Role of Lawyers:
As I began the exercise, I became aware of the important role family lawyers play in defining the issues and problems between the couple with utmost precision and clarity. This ensures fair notice of the case that has to be met to the opposing party and assists the court in its adjudication. When completing the form, I also became aware of the specific, factual information required from the spouses. For example, the Application required the precise marriage and separation date, along with a disclosure of financial statements. However, I soon learned that this information is necessary for the court to understand the proposed claims and ultimately come to a conclusion as to the amount of support to be awarded. This disclosure of personal information involves a great deal of trust between the client and lawyer, reinforcing the important communication skills required from a family lawyer, as well as having a …show more content…
Next time I will ensure my pleading is divided into consecutively numbered paragraphs, setting out each allegation in a separate paragraph in order for the defendant and the judge to be clear on the allegation and the fact at issue. I now understand the importance of not inferring facts from vague or ambiguous expressions, in order to prevent a lengthy, word pleading, which may be struck out on that basis alone. However, on the contrary, I am aware that I must not state my party’s case too narrowly, including all the appropriate facts in order to obtain the relief sought by my