By William E. McNally and Barbara E. Cotton

A lawyer frequently finds him or herself in the position where he or she has made a mistake in the drafting of the pleadings and, consequently, seeks to have the pleadings amended. But is there a solid argument for amendment of the pleadings merely due to a lawyer’s mistake?

There is not a lot of judicial discussion specifically on the point of "lawyer’s mistakes". Rather, cases turn on the characterization of the type of amendment being sought. So, for example, courts look at whether the amendment adds a new cause of action, affects a third party, withdraws an admission, changes a name, substitutes a party, changes the amount stated in a prayer for relief, or pleads a statute, to name a few categories of amendments which courts have examined.

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