Legal Reflection
Not Everything the Opponent Says Must Be Denied
In pleading, some may think that strong defence means denying everything raised by the opponent. But denial is not always strength. A fact may be true and established by documents, and trying to deny it adds nothing to the case; rather, it may weaken the credibility of the rest of
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- Lawyer Omar Al-Baghdadi
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Not Everything the Opponent Says Must Be Denied
In pleading, some may think that the strength of a defence lies in denying everything the opponent puts forward.
But denial is not always strength.
A fact may be true and established by documents, and attempting to deny it adds nothing to the case; rather, it may weaken the credibility of the rest of the defence.
Sometimes the stronger strategy is to say to the court:
Yes, this fact occurred… but the legal consequence the opponent seeks to attach to it is not correct.
Admitting receipt of an amount does not necessarily mean that it was a loan.
Admitting a signature does not mean accepting every interpretation given to the document.
Admitting that an error occurred does not mean that every loss attributed to it has been established.
A professional lawyer does not defend a client by denying reality, but by separating the established fact from the legal effect that does not necessarily follow from it.
With experience, the defence becomes calmer:
We acknowledge what is not worth disputing,
and focus the battle on what determines the outcome.
Credibility before the court does not mean denying everything… it means knowing precisely what must be defended.
— Omar Al-Baghdadi