Types of Documents We Can Draft For You
- Correspondence with the opposing party or their lawyer
- Conference briefs, including case conference briefs, settlement conference briefs, and trial management conference briefs.
- Notices of Motion
- Offers to Settle
Drafting services can be instrumental to the quick and desirable resolution of your claims. Many of the court forms are self-explanatory, and the Ontario Government provides instructions on filling out many forms. However, the documents you file are of critical importance. An Application, Notice of Motion, or Answer is a judge’s first exposure to the case, and any accompanying affidavits setting out your supporting facts will be used by the judge to evaluate the strength of your claims in contrast to the other party’s.
Often people without experience in legal drafting include unnecessary or inappropriate information in their correspondence or their pleadings (for example, attacking their spouse’s conduct), instead of focusing on the facts relevant to the matter at hand. A cleanly written, accurate, and balanced statement of facts supporting your claims will give the judge the best possible view of your position. This will in turn make any court appearance easier, because the judge will already be aware of all the relevant information, and you will know what parts of your information to highlight, and how to frame your issues.
A lawyer will know what facts best support your claim, and will ensure all important and relevant information is included, in order to support your argument to the best of your ability. A lawyer will also be able to cite the relevant case law that best supports your position. You do not want to leave out essential information when dealing with matters that will affect your future finances, and your children’s lives. Equally important is for a lawyer to advise you as to what should not be included in your court materials, as framing something in the wrong fashion may be detrimental to your case.
It may therefore be worthwhile, and cost effective, to have one of our lawyers draft your pleadings, affidavits, briefs, or notices of motion. If you retain us on a limited retainer basis, we can advise you on what position to take or how to argue a point. Conversely, if we do not draft, review and approve the communication, we cannot be held responsible for it, or for what you ultimately communicate to the court or the other party.
Above is a list of some of the specific documents we can draft. See The Layperson’s Guide to Procedural Rules for more information on each of these elements of your case, and what each stage entails.