Friday, November 12, 2021

Well, We Agree About the Beer

When a complaint is filed, the defendant helps to set the parameters for the lawsuit by either admitting or denying each individual allegation. For example, “The defendant admits the allegations contained in paragraphs 1, 3, 5, 7 and 8 of the complaint.” 

Introductory paragraphs to the complaint are not considered to be “allegations” and therefore no response to them is required. However, in an ongoing case in North Carolina, defense counsel could not resist a touch of humor. Here is how he begins the answer to the complaint: 

No response is required to the introductory statement in Plaintiff’s Complaint. However, Defendants admit that George Washington brewed beer, that the Founders drank beer after drafting the Constitution, that Supreme Court Justice Kavanaugh loves beer, and that President Obama invited Sgt. Crowley and Professor Gates to the White House Rose Garden for beers. All other allegations contained in these paragraphs are denied. 

We unfortunately hear all too much from self-aggrandizing lawyers such as Rudy Guiliani, Lin Wood and Sidney Powell, who are facing disciplinary actions for their lack of civility and respect for the legal profession. 

This little North Carolina case illustrates that attorneys can disagree without being disagreeable. It says something positive about their clients as well. 


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