Need to dodge a lawsuit?
Whether you’re a plaintiff or defendant, you must know what smart defendants do to dodge lawsuits.
If a defendant is served with a complaint, he may dodge the lawsuit by filing motions to avoid filing an Answer!
This is called the “flurry of motions”.
Once a defendant files an Answer, he’s locked in and misses this chance to dodge the lawsuit altogether.
Don’t file an Answer if you can dodge the lawsuit with a “flurry of motions”.
Inexperienced lawyers and pro se people make the avoidable mistake of filing an Answer to plaintiff’s Complaint … instead of using the flurry of motions.
- Motion to Dismiss
- Motion to Strike
- Motion for More Definite Statement
Each of these motions postpones the necessity of filing an Answer to the Complaint … and gains you valuable time and evidence-gathering opportunities!
In some cases it puts an end to the case. Period!
Failure to use the Flurry of Motions weakens your case.
Know how to use the Flurry of Motions.
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Do you know how to win before trial?
Lawyers drag out cases so they can bill for more time.
Many refuse to do things “the right way” so they can avoid trial, because they make more money if they can take their clients’ cases all-the-way to the bitter, knock-down, drag-out bitter end at trial.
Do you hold winning cards (law and facts)?
Then you can win before trial!
- There is no evidence you cannot get in before trial.
- There are no witnesses you cannot question under oath before trial.
- There are no documents or things you cannot get in before trial.
- There are no legal arguments you cannot make before trial.
- There is nothing going to happen at trial that cannot be made to happen before trial.
The “trying” of your case with the first pleading and continues with discovery and motions before trial.
Common reasons cases go to trial are:
- Lazy lawyer who didn’t do the pre-trial work he could have done.
- Stupid lawyer who didn’t know how to do the pre-trial work he could have done.
- Greedy lawyer who didn’t want to do the pre-trial work he could have done.
- No lawyer and no idea how to do the pre-trial work that could have been done.
Don’t wait for trial to win!
A few reasons why are:
- Trial is uncertain, especially with unpredictable juries and corrupt judges.
- Trial is “think on your feet” with opponent trying to throw you off with objections.
- Trial is a nasty battle against lawyers’ willing to cheat if they can.
- Trial is a last bite at the apple, with no take backs and no retreats.
Win before trial!
There are no questions you can ask at a trial that you cannot ask before trial using interrogatories, requests for admissions, depositions, and subpoenas.
There are no documents or things you can bring to trial that you cannot get into the trial record before trial using requests for production, subpoenas, and depositions duce tecum.
There are no legal arguments you can make at trial that you cannot make more effectively and more powerfully before trial using the online legal research and carefully drafted memoranda.
Click HERE to Learn More