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CHAPTER 5
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(Τηισ παγε ιντεντιοναλλψ λεφτ βλανκ.)
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5-3 Pleading §5:03
I. BASIC POINTS
A. Opportunity to Shape Case [§5:01]
B. Components of Successful Complaint Drafting [§5:02]
PRACTICE POINTER:
“Amat Victoria Curan”
“Amat Victoria Curan” translated (roughly) from Latin to English means “victory loves preparation.” Stated
another way, “lack of preparation leads to failure.” As applied to employment litigation, these phrases mean
that long before plaintiff counsel files the plaintiff’s lawsuit, he or she has completed as much case preparation
as can possibly be accomplished pre-litigation. Among other things, before you file the lawsuit, you should
already have:
• Prepared a detailed “Cast of Characters” and timeline [see, infra, §§6:01–6:04].
• Prepared a set of jury instructions.
• Developed a comprehensive discovery plan [see, infra, §§6:08–6:13].
• Completed as much informal discovery as possible, including interviewing as many witnesses as possible
[see, infra, §§6:16–6:46, 6:264–6:268].
• Prepared a comprehensive ready-to-serve set of initial discovery requests [see, infra, §§6:75–6:169].
• Begun preparing the plaintiff for deposition [see, infra, §§6:175–6:252].
• Identified possible discovery disputes and conducted the necessary research to make or oppose possible
discovery motions. For example, in a harassment case, the defense invariably tries to prevent or minimize
discovery into other victims. You should be prepared with the requisite legal authorities to litigate this issue
well before filing the plaintiff’s lawsuit.
• Identified possible motions in limine and conducted the necessary research to make or oppose such motions.
This pre-litigation preparation is absolutely crucial; such preparation will allow you to always be on the
attack, and it will force defense counsel back on his or her heels, constantly reacting.
II. EXHAUSTION OF ADMINISTRATIVE REMEDIES
A. File Timely Charge [§5:03]
