In Motions to Dismiss, Look Before You Leap
Litigation Attorney Daniel Small co-authored an article with the Honorable Judge Douglas H. Wilkins in Massachusetts Lawyers Weekly as part of a biweekly series. This article discusses the decision whether to file a motion to dismiss.
Mr. Small and Judge Wilkins write about the decision to file a motion to dismiss as a part of a planned strategy, rather than as an approach to make you seem confident and aggressive in your defense. They encourage appraising your prospects before making the emotional decision to file immediately.