A motion to dismiss filed unwisely may result in a
well-written, well-argued, but very expensive motion that actually
harm your interests
You receive a complaint and forward it to your outside counsel
requesting that the firm defend the company's interests. You
then think back to your experiences as a junior associate when you
were asked by a partner, "How should we answer?" A trick
question, of course, because in your delay in responding, the
partner screams "WE DON'T ANSWER, WE MOVE TO
DISMISS!" This is a common reaction: Come out guns a-blazing
to dismiss these specious allegations against the venerable
client.
Although this course of action is appealing because a win on a
motion to dismiss vindicates the litigator and ends the case, it is
worth pausing to consider the strategic implications involved with
filing pre-answer motions. Encourage your outside counsel to put
the litigator muscles away and take a long view of not only the
case, but your company's
