How to defeat a motion for summary judgment

The dreaded motion has arrived.  The defense has moved to prematurely dismiss your client’s case on some legal technicality.    Even though you’ve probably seen this coming, your first instinct is to panic.  Then you devour the entire motion.  Get mad.  And attack it point by miniscule point.  Smoosh it to smithereens – at least in your own mind.

The defense wants you to be reactive to a motion for summary judgment in just this way.  This means you will fight the battle on their turf.  You will be defending your case (instead of prosecuting it).  You will be focusing the judge on what the other side says is important.

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Karen Koehlermotion, writing
A trial lawyer's occupational hazard: details details details

Here is my confession of the day.  I am not only highly detail oriented at work.  There is some spill over.

My girls have done their best to keep me from going over the edge into full blown OCD.   We used to have a rule from the time they could walk.  The house stayed clean except they had dominion over their own rooms.  So long as I could close their doors they could do what they wanted.  That is until I eventually couldn't stand it anymore and picked up and sorted through the various piles of debris.

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The un-vacation day 1

There is nowhere more beautiful than Seattle in the summertime.  Decide for once, to remain here and relax rather than go somewhere else for vacation.  Have many friends who do this.  Watch all their good times on facebook.  They explore the city.  Stay home and garden.   Have friends over.  Hang out on the patio.

This is what happens when  a trial lawyer decides to take a stay-cation.

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