The language used in a counterclaim can have a significant impact on the outcome of a case. Learn which language courts find unfavorable in counterclaims and how to avoid common mistakes.

When drafting a counterclaim, the language you use is just as important as the facts and legal arguments. Courts are particularly sensitive to language that could be seen as overly vague, inflammatory, or legally insufficient. Inaccurate or inappropriate language can weaken your case, delay proceedings, or even result in a dismissal. Understanding the types of language courts dislike will help you craft a counterclaim that is clear, professional, and legally sound.

This article highlights common language pitfalls to avoid when drafting a counterclaim and provides tips for ensuring your counterclaim is taken seriously by the court.

1. Overly Vague or General Language

✅ Vague or general language can confuse the court and may lead to a dismissal:
Courts require precise and clear statements of facts and legal theories. Overly broad, unspecific language that lacks concrete facts or examples can cause confusion and may result in the counterclaim being dismissed.
Example of Red Flag Language:
“The defendant did something wrong, and the plaintiff is harmed.”
Why It’s Problematic:
This language is too vague and doesn’t provide enough detail about the actions that led to the counterclaim. It doesn’t establish the facts of the case clearly.
🎯 Tip: Use specific dates, names, locations, and events to provide a detailed account of the actions and facts leading to the counterclaim.

2. Emotionally Charged or Hostile Language

✅ Avoid inflammatory, hostile, or emotional language:
Courts prefer objective, professional language. Using language that is overly emotional, hostile, or derogatory can damage the credibility of your counterclaim and harm your reputation with the judge.
Example of Red Flag Language:
“The plaintiff’s actions were dishonest and malicious, and they are trying to cheat me.”
Why It’s Problematic:
Such language introduces unnecessary hostility and doesn’t contribute to the legal merits of the case. It could be seen as an attempt to manipulate the court’s emotions rather than presenting a sound legal argument.
🎯 Tip: Stick to the facts and avoid characterizing the opposing party in negative terms. Focus on the legal issues at hand.

3. Overuse of Legal Jargon or Complex Terms

✅ Excessive use of legal jargon can make your counterclaim harder to understand:
While some legal terms are necessary, overusing jargon or unnecessarily complex language can obscure the clarity of your counterclaim. Keep the language simple and accessible.
Example of Red Flag Language:
“The defendant hereby avers that the complaint is in violation of the prima facie standards, and therefore seeks relief under the legal precedents established in [specific case law].”
Why It’s Problematic:
This type of language is likely to confuse readers, especially if the legal principles mentioned are not explained or relevant to the case.
🎯 Tip: Use plain language to clearly state your claims and avoid overwhelming the reader with excessive legal terms. If legal terminology is necessary, make sure it is defined and clearly linked to your case.

4. Broad Allegations Without Supporting Evidence

✅ Avoid making general allegations without supporting facts or evidence:
A counterclaim must be based on specific facts that are backed by evidence. Alleging something without substantiating it weakens your case and may result in a motion to dismiss.
Example of Red Flag Language:
“The defendant claims the plaintiff acted unfairly and violated the terms of the contract.”
Why It’s Problematic:
This statement lacks specific examples, dates, or supporting evidence. It does not show what actions were taken by the plaintiff and how those actions violated the contract.
🎯 Tip: Always include concrete facts, such as the specific contract terms, dates of breach, and examples of unfair actions. Attach supporting documents if necessary.

5. The Use of "Boilerplate" Language

✅ Avoid using boilerplate language that doesn’t directly relate to your case:
Boilerplate language—generic, pre-written statements used in many legal documents—can come across as lazy or disingenuous if it doesn't apply to the specifics of your case. It may also confuse the court or be interpreted as a sign of insufficient effort to address the facts.
Example of Red Flag Language:
“The defendant respectfully requests the court grant all the relief to which they are entitled, including but not limited to…”
Why It’s Problematic:
This language is vague and non-specific. It doesn’t explain why the relief sought is appropriate for the case or why it should be granted.
🎯 Tip: Customize your counterclaim to the facts and circumstances of your specific case. Clearly explain what you are seeking and why it’s appropriate based on the facts.

6. Making Defenses Without Clear Legal Grounds

✅ Don’t assert defenses without providing clear legal backing or reasoning:
Counterclaims should not simply restate the defendant’s version of events; they should be supported by legal principles or statutes that justify the claim.
Example of Red Flag Language:
“The defendant asserts that they are not responsible for the damages because the plaintiff is at fault.”
Why It’s Problematic:
This defense doesn’t explain why the defendant is not liable or provide legal grounds for the argument. It lacks factual or legal backing.
🎯 Tip: Include the legal grounds that support your defense. For example, you might refer to relevant laws, case law, or contractual provisions that help explain why the defendant is not liable.

7. Unclear or Overly Broad Request for Relief

✅ Be specific about the relief or remedy you are seeking in your counterclaim:
A vague or overly broad request for relief can confuse the court and may reduce the chances of your counterclaim succeeding. Always specify the relief you are seeking in clear terms.
Example of Red Flag Language:
“Defendant requests such relief as the court deems appropriate.”
Why It’s Problematic:
This language is too general and does not specify what the defendant is actually asking for. It does not give the court clear guidance on how to resolve the dispute.
🎯 Tip: Be precise and detailed about the relief you are requesting, whether it’s monetary damages, specific performance, or another remedy. Be clear about why this relief is necessary and appropriate.

Sample Scenario: Red Flags in a Business Counterclaim

In a business dispute over an alleged breach of contract, the defendant files a counterclaim. However, the counterclaim is vague, filled with boilerplate legal language, and lacks clear factual support. The defendant also makes inflammatory statements about the plaintiff's character, such as calling the plaintiff "dishonest" and "untrustworthy." The request for relief is also broad, merely asking for "all relief the court finds just."

Result:
The court dismisses the counterclaim, citing the vague and inflammatory language, as well as the lack of concrete facts and evidence.

Final Thoughts

The language used in a counterclaim plays a pivotal role in how the court views your case. By avoiding overly vague, emotional, and unsupported language, you can strengthen your counterclaim and improve your chances of success. Always aim for clarity, precision, and professionalism in your legal writing to ensure that your counterclaim is taken seriously by the court.

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