Legal documentation is the backbone of the civil law process. From the initial filing of a lawsuit to the final decision, the accuracy, completeness and timeliness of legal documents significantly influence a case’s outcome. Whether you’re a plaintiff, defendant, attorney or judge, understanding the role of legal documentation is critical to your case. This blog will review seven reasons why legal documentation in civil cases is essential.
- Legal Documents Lay the Foundation of Any Case
Any case, big or small, begins with a complaint or petition. This document clearly identifies the plaintiff’s allegations, support for those allegations, and lays the foundation for the outcome being sought. The Complaint sets the stage for the entire case.
Well-crafted pleadings, answers, motions and responses to motions, generally referred to as briefs, are the cornerstones of litigation and influence the court’s perception of the case. These documents more often than not also set the tone for negotiations and can aid the parties and their counsel in a just and proper resolution of a case without prolonged litigation. Attorneys skilled in legal writing, drafting and strength in researching and developing legal positions can leverage a case, highlighting and documenting the strength and/or weaknesses of a case.
- Legal Documents Make Sure Facts and Issues are Clear
In civil cases, clarity and precision in preparing and identifying legal documentation and documents are paramount. Ambiguous or poorly drafted documents can lead to misunderstandings, delays and adverse rulings. Each document, pleading or response must be carefully prepared to ensure that it accurately reflects the facts, legal arguments and procedural requirements. This attention to detail helps prevent misinterpretation and ensures that the parties and court fully understand the issues being litigated.
- Legal Documents are Required to Comply with Procedural Rules
Civil litigation is governed by a complex set of procedural rules that vary by jurisdiction. Most jurisdictions have adopted the vast majority of the Federal Rules of Civil Procedure. Virtually every court has what are called “Local Rules” and the entire litigation procedure must comply with such rules. Adhering to these rules of Civil Procedure is crucial, as non-compliance can result in sanctions, dismissal of claims or other adverse consequences. This adherence to procedural rules or requirements, include such seemingly innocuous things as formatting, strict adherence to filing deadlines, fonts, legal citations, etc. Attorneys must be well-versed in these rules to ensure that their documents meet all necessary criteria.
- Legal Documents Help Preserve Evidence
Proper documentation and even labeling of evidence is essential when building a case or refuting opposing arguments. The ‘Golden Rule’ of documents in both preparing and opposing a complaint or filing a petition is that it is better to have it and not need it, than need it and not have it. The value of documents in support of a civil action cannot be understated nor can the value of properly presenting and preserving these evidentiary materials. Police reports, hospital records, photographs, leases, emails and every conceivable piece of tangible and electronically stored material, when properly authenticated and presented in a civil action makes the difference between success and failure. Affidavits, depositions and discovery responses are also vital in establishing the facts of the case as these documents capture relevant information accurately and comprehensively, and again, set the table for trial or possible settlement.
- Legal Documents Facilitate Communication
Legal documentation often serves as the main communication method between opposing parties and the court. Pleadings, motions, briefs and other documents serve as formal channels through which parties present their arguments, respond to opposing claims and seek judicial intervention. Effective communication through legal documentation is essential for advocating for a client and achieving a favorable outcome.
- Legal Documents Are a Record of The Case
Legal documents that are presented at hearings or at trial are a record of the court proceedings, which is an essential element for potential appellate review and for future reference. Transcripts, orders, judgments and other court documents provide a comprehensive account of the case’s history. This record is invaluable to understand the case’s development, assess the trial court’s rulings and prepare for potential appeals. The documentation can also help a future attorney with a similar case, guiding them on how to approach the case and what to do differently.
- Legal Documents Can Give a Strategic Advantage
The importance of clear and accurate documentation in civil cases cannot be overstated. Legal documents are the foundation of every case. All documentation, from evidentiary materials, to pleadings, to affidavits and depositions help parties, their lawyers and the court communicate the strengths and weakness of cases. Meticulous attention to providing and presenting legal documentation in support or in defense of a case is imperative.
Need help navigating the civil justice system and building a compelling and convincing case? Contact Isenberg & Hewitt for a free consultation. We are a litigation boutique; we are trial lawyers; and we are experienced in handling complex litigation matters in serious injury and wrongful death claims, elder and child abuse, and complex commercial litigation.