Legal Definitions - special pleader

A special pleader was a legal professional, particularly prominent in historical common law systems, who possessed highly specialized expertise in drafting formal legal documents known as "pleadings." Pleadings are the written statements submitted to a court by parties in a lawsuit, outlining their claims, defenses, and the factual and legal basis for their positions.

The skill of a special pleader lay in their deep and intricate understanding of the technical rules, forms, and conventions governing these documents. They were adept at crafting pleadings with extreme precision to ensure they met all procedural requirements, clearly articulated the legal arguments, and avoided any technical errors that could lead to a case being dismissed or weakened. This role was crucial because the success of a lawsuit often depended heavily on the meticulous and accurate drafting of these initial court documents.

• Example 1: Training a Future Barrister

  Imagine a young aspiring lawyer in 18th-century England who wished to become a barrister. Before being called to the bar, they might spend several years "reading in chambers" under the tutelage of an experienced special pleader. This intensive training would involve learning the precise art of drafting various legal documents, such as declarations, pleas, and replications, understanding the subtle distinctions in wording that could determine the outcome of a case.

  This illustrates the special pleader's role as a master of the technical craft of pleading, whose expertise was essential for educating the next generation of legal professionals in the intricacies of court documentation.

• Example 2: Crafting a Complex Commercial Claim

  Consider a major shipping company in the early 19th century involved in a dispute over a massive cargo lost at sea due to alleged negligence. To initiate the lawsuit, the company's legal team would engage a renowned special pleader to meticulously draft the "declaration" (the plaintiff's initial statement of claim). The pleader would ensure every detail, every legal element necessary for a successful claim, was precisely articulated according to the strict rules of the time, anticipating potential defenses and procedural challenges.

  This highlights the special pleader's critical function in high-stakes litigation, where their precision in drafting was paramount to establishing a legally sound and procedurally correct case from its very inception.

• Example 3: Developing a Technical Defense

  A landowner in the mid-19th century faced a lawsuit claiming trespass on their property. Instead of merely denying the factual allegations, their legal counsel might consult a special pleader to draft a "special plea" that raised a technical legal point, such as a defect in the plaintiff's title or a procedural bar to the claim, rather than directly addressing the merits of the trespass. This could potentially lead to the case being dismissed on legal grounds before a full trial on the facts.

  This demonstrates the special pleader's strategic importance in using their deep knowledge of pleading rules to craft defenses that could exploit procedural weaknesses or technicalities in an opponent's case, sometimes avoiding a factual dispute altogether.