In a legal conflict, the first statement of claim defines more than just the procedural starting point – it sets the language in which the court, the opposing party and the legal reality of the dispute will “speak” going forward. As Professor Gabriel Steiner notes, a weak or hastily prepared claim can turn even a strong position into a vulnerable one, whereas a carefully structured statement sets a framework that is very difficult for the opponent to step outside. At Law Consulted, we do not treat a claim as a technical document – we treat it as a strategic tool for managing the conflict.
A common mistake clients make is to see the statement of claim as a formal list of grievances – a sequence of facts, demands and legal provisions. In practice, it is the claim that formulates the version of events that will then be treated as the baseline. At LawConsulted, we structure the claim so that it not only reflects the client’s position, but also pre-limits the opponent’s room for manoeuvre – through the way the facts are arranged, the placement of emphasis and the choice of legal qualifications.
Professor Steiner emphasises that “the opponent may argue with the conclusions – but it is far more difficult to argue with the framework within which the events are described.” That is why lawyers at LawConsulted begin their work long before the claim is filed – we analyse not only the existing documents, but also potential counter-arguments, alternative interpretations and hidden weak points. Our task is to construct a legal picture in which any attempt to challenge one element strengthens the others.
The way the facts are handled plays a special role. Even strong circumstances can lose their weight if they are presented chaotically or without internal logic. At LawConsulted, we structure the factual part of the claim so that the court perceives a continuous, coherent story – where the parties’ motives, the development of the conflict and the consequences of their actions are laid out in a clear line. This helps the court treat the client’s version as the starting point for analysis – not just as one version among many.
As Professor Steiner notes, “a properly drafted claim shows the court in advance what is actually in dispute – and what is merely noise around it.” For this reason, at LawConsulted we carefully separate legally relevant facts from emotional background and secondary details. Only what works for the result remains in the claim – everything else is moved into working files so as not to overload the structure and not to give the opponent extra points of attack.
Equally important is the way the demands are formulated. Underestimated, vague or poorly defined remedies may lead to a situation where – even if the case is won – the client does not receive real protection. At LawConsulted, we design the claims with future enforcement in mind – we assess the enforceability of the decision, potential enforcement mechanisms, the risk of the judgment being circumvented and the prospect of additional disputes. The claim is built so that a win is not symbolic – but practical.
Another critical area is the procedural strategy of filing. It is not only what is written in the claim that matters – but also when, where and in what procedural configuration it is filed. At LawConsulted, we assess territorial jurisdiction, the likelihood of counter-claims, the risk of deliberate delay and the need for interim measures. This allows us to file the statement of claim at the moment when it maximally strengthens the client’s position and minimises the opponent’s tactical options.
Professor Steiner aptly remarks: “a claim that cannot be ignored is one where any delay or mistake by the opponent immediately begins to work against them.” This is the approach we adopt at LawConsulted – we craft the claim so that ignoring it is both procedurally and strategically dangerous. The opponent is then forced to play within the legal framework we have set – rather than imposing their own.
A claim prepared by Law Consulted is not just the first procedural step in court. It is the architecture of the dispute – with the vector, scale and permissible scenarios of conflict development embedded in advance. Under these conditions, the client receives not only a chance to win – but also the ability to control the very logic of the process.
Previously, we wrote about how LawConsulted keeps control over the actual agreements when negotiations are conducted through third parties
