Written Advocacy in Complex Litigation, Arbitration and Class Actions (Workshop A) 2011

Good drafting, and the work preliminary to it, is the foundation that determines how well a legal action will withstand the turbulence of litigation and mediation processes. How much more important then, is the drafting of strong pleadings and other key documents in the context of a complex, class or mega court action.

This workshop will help you to understand the discrete steps and necessary elements that are entailed in sound legal drafting. Expert litigators will take you through a step by step approach to achieving reasoned, streamlined, and clear written advocacy in complex lawsuits. Among the topics to be covered are:

• What are the top drafting considerations?
• Where do the problems usually arise?
• Steps preparatory to the first draft
• Building the momentum
• Approaching the pleadings, affidavits, application and factums strategically
  • The audience
  • Facts and figures
  • Document collection, preservation and management
  • Supporting evidence, key witnesses
  • Issues of fact and issues of law
  • Identify the remedies and likely outcomes
  • Causes of action
  • Parties
  • Research and due diligence
  • Case law and legal precedents
  • Laws and regulations
  • Templates and sample precedents
  • Defences
  • Limitation periods, milestones and time lines
  • Review what to look for
• Case scenarios and lessons learned
• Special considerations
  • Mediation and settlement
  • Multiple parties and jurisdictions
  • Class actions

Don t miss this chance to do in-depth work on these essential skills while having the opportunity to dialogue with experts who will address your individual questions and concerns. You will also benefit from written materials specially prepared for this workshop.

Igor Ellyn, QC, CS, Senior Partner of Ellyn Law LLP Business Litigation and Arbitration Lawyers, has litigated, arbitrated and mediated complex business disputes for more than 30 years. He will discuss how careful packaging , audience focus and other marketing concepts make written commercial advocacy more powerful and persuasive.