First to file – litigation essentials for solicitors

Deciding whether to include a document in the brief is simple when you know what to ask yourself about your case and where it is going. Particularly for cases where there is a substantial number of documents and potential gaps in information.
This session canvasses:

• bridging the evidentiary gaps – realistic problems in practice
• advice for how to conduct a gap analysis on your evidence
• what to do when a client doesn’t have access to information
• accommodating for evidentiary gaps when settling affidavits
• cross checking your evidence with relevant facts and the law
• tips for structuring your information to recognise what you’re missing
• walking through the checklists that solicitors must have to brief a barrister; and
• opportunity for attendees to ask questions, seek clarifications and ask for further examples.

This session is designed to assist junior practitioners draft pleadings in a way that clearly maps the plausibly for an entitlement to relief in civil proceedings. With hypothetical examples to highlight what to do and what not to do when drafting a pleading, this session provides guidance on:

• examples of a good and bad pleadings to understand the essentials
• taking a flow chart approach to gauging strong statements of claim
• working through your options for common difficulties with material facts
• skills for drafting defences that make a pleading difference
• distinguishing characteristics of commercial pleadings
• recent courtroom commentary and critiques to know; and
• bringing it all together with your new checklist.