October 1, 2024
The best defence may not always be a good offence, but it should tell a good story.
So far our posts about story telling have focused on the Plaintiff side and the Statement of Claim.
Now, we look at the Statement of Defence.
It is much harder to tell a good story in a Statement of Defence, as the Rules of Civil Procedure contemplate responding to the allegations in the Statement of Claim.
But just as the Plaintiff tries to paint a mental picture for the judge, the Defence works much better if it paints a competing picture- hopefully if you are the Defendant, a more compelling story than the Plaintiff. That is how you claim the moral high ground.
Remember, all that a judge may know about the case up front is what is in the pleadings.
Much better if the judge has the defence version in mind before the Plaintiff’s lawyer stands up to make an opening statement. The Statement of Defence is that opportunity. Best not to waste it.
This means that the Statement of Defence should do more than deny the Plaintiff’s version of events. It should not merely contain boilerplate recitals of standard defences. All that is necessary, but in between those elements is where the Defence gets their chance to shine.
This is an art, not a science. Experience helps. So does training. The Advocates Society, Canada’s premier organization for courtroom lawyers, offers exceptional courses that talk about literally painting a picture- reduce your story to 25 words, then to three words, then a picture. Lawyers seldom literally draw pictures, but the best of us form images in our minds before we put words on the computer screen.
We ask ourselves: “what picture do I want in the judge’s mind when they sit down to write a judgment?”
That frames our writing. Then we draft and redraft several times to polish the pleading. A good Statement of Defence is much harder to draft than a Statement of Claim. That makes it even more effective when it can paint a picture.
In a sense, every good defence is a good offence. The battle over that moral high ground starts early.
It is a shame to squander that opportunity.
WHAT WEILERS LLP CAN DO TO HELP YOU
We are storytellers. We share our proud tradition of effective writing with our associates, while continuously learning progressive approaches.
We know how to appreciate the best theory for your case, and to weave the strands of evidence into a compelling tapestry. We know and think about rules of evidence, and how to best prepare your case from the day it arrives in our office. Though we enjoy doing appeals, our goal is always to win at trial (or avoid trial), not just to build a good record for an appeal.
If you want Weilers LLP to tell YOUR story, give us a call and see if we are the right lawyers for you.