Contact: William A. Goldberg; Lerch, Early & Brewer (Maryland, USA)
I often see attorneys make the mistake of filing "kitchen sink" complaints, that is, lawsuits containing redundant and/or superfluous causes of action, that turn what could be straightforward claims into messy, complicated quagmires. If your goal is to offer efficient, cost-effective litigation services for your clients that maximize their chances for recovery, "kitchen sink" pleading is almost never the way to go. Here are five reasons to avoid it:
1. Revelation of Weakness, Not Strength:
Contrary to the popular belief that "kitchen sink" lawsuits create maximum leverage and will scare the opposition into immediate submission, they may actually create the opposite effect. As Judge Bloom of the Maryland Court of Special Appeals noted in Kirgan v. Parks, 478 A.2d 713, 720 (1984) "kitchen sink" pleadings "inspire no confidence; they suggest that the pleader is not sure what his cause of action is but hopes that if he includes enough allegations the finished product will probably contain at least one cause of action somewhere within it." Experienced defense attorneys understand that overbroad lawsuits often reflect a lack of seriousness or clarity about the issues in dispute (or both) and diminish the value that counsel assigns to a case.
2. Unnecessary Expense:
"Kitchen-sink" lawsuits almost always increase, not decrease, the costs of litigation. First, alleging multiple causes of action where fewer would suffice provides a defendant easy targets for dispositive motions, which requires that an opposition be filed, with all the attendant costs of research and drafting time. Second, you are almost certain to face discovery requests regarding claims for which you do not have adequate factual or legal support. Responding to interrogatories and locating and producing documents in support of superfluous claims creates substantial and unnecessary costs. You are much better spending your resources proving your strongest claims, not shoring up your weakest.
