[darryl]

@Duckie. Unless the matter is an extremely urgent one there will always be correspondence between lawyers, if only a letter of demand. Failing to do so incurs a risk of paying or not getting your costs in most countries. I must admit I'm not that familiar with costs awards in the US. The other party does need to be made aware of the pending action and given the chance to avert it.

@fjtorres. I see where you are coming from. I would assume that the "pleadings" were in fact drafted professionally by his lawyer. You are indeed correct that the particular allegation referred to in your last paragraph is not one that should be made without some reasonable basis, so I would assume that the drafting lawyer is not simply plucking it out of the air and has some evidence to support the allegation. I doubt including it will harm his case and it certainly does help both with proof and damages if it can be proven. In defamation law it may constitute proof of malice. I don't know about the US but once again in Australia that negates certain defences and increases damages, if of course it can be proven.

He would of course be shown the document and approve it before filing, but I don't think he could reasonably be expected to have his lawyer alter it to spare the Defendant. In every day business a certain professional decorum is expected. In litigation like this it is pretty well outright war.