Wondering if you need a lawyer to file a motion to dismiss or summary judgment? Explore the pros, cons, and legal risks of self-representation vs. hiring expert help like Legal Husk.

Do You Need a Lawyer to File a Motion to Dismiss or Summary Judgment?

Introduction

In today’s digital age, many litigants explore the possibility of handling lawsuits on their own. With countless templates and legal guides online, the idea of filing your own motion to dismiss or motion for summary judgment may seem doable. But just because it’s possible doesn’t mean it’s advisable.

This article answers the question: Do you really need a lawyer to file these motions? We’ll explore when self-representation might work, what risks you could face, and why experienced legal drafting from professionals like Legal Husk often makes the difference between success and failure.

Understanding the Motions

Motion to Dismiss

• Filed early in the case, before discovery
• Based strictly on legal arguments and the content of the complaint
• Dismisses claims that are legally deficient

Motion for Summary Judgment

• Filed after discovery
• Requires presentation of evidence (affidavits, declarations, documents)
• Aims to resolve factual issues without trial

Both motions can end a case before trial. That’s powerful—but only if they’re done correctly.

Can You File a Motion Without a Lawyer?

Yes, but…

• Pro se litigants (those representing themselves) can file motions.
• Courts will not reject filings based solely on self-representation.
• However, the content must still comply with procedural rules, evidentiary standards, and legal formatting.

Risks of Filing Without Legal Help

1. Procedural Errors

• Missing deadlines
• Filing in the wrong format or court
• Failing to attach required exhibits

2. Substantive Legal Mistakes

• Misapplying laws or court rules
• Not citing legal precedent correctly
• Overlooking key defenses or grounds for dismissal

3. Evidence Problems

• Submitting inadmissible or unauthenticated materials
• Forgetting to include declarations or affidavits
• Not linking facts to the legal standard (e.g., no "material dispute")

4. Getting Your Motion Denied

• Judges are not lenient on legal errors, even for pro se parties
• A denial may push your case to a costly trial

5. Wasting Time and Money

• Filing the wrong type of motion delays resolution
• You may still end up hiring a lawyer after early missteps

When You Might Go Pro Se

1. Small Claims or Simple Lawsuits

• Minimal damages
• Uncomplicated facts

2. You Have Legal Experience

• Law students, paralegals, or retired attorneys may navigate successfully

3. You're Willing to Take a Risk

• Understand that failure may result in your case moving to trial
• Some litigants try pro se for cost savings, but the risks must be weighed

Why Hiring a Lawyer (or Legal Drafting Service) Makes Sense

1. They Know the Rules

• Experienced litigators understand court procedures and motion standards
• A properly timed and formatted motion increases your chances of success

2. They Craft Persuasive Legal Arguments

• Strong legal writing is crucial to winning dismissal or judgment
• Professionals know how to link facts to the right legal doctrines

3. They Prepare Evidence Correctly

• Your motion must include admissible, clearly referenced exhibits
• Expertly written affidavits and declarations boost your motion’s power

4. They Protect Your Rights

• One misstep can waive your legal arguments
• Lawyers and legal writers ensure your record is preserved for appeal if needed

How Legal Husk Helps Without Charging Big-Firm Prices

At Legal Husk, we:

• Draft complete motions to dismiss and summary judgment motions
• Help you gather and present supporting evidence
• Ensure your motion complies with Rule 12(b)(6) or Rule 56 standards
• Work with individuals, law firms, and small businesses
• Offer flat-fee pricing so you know your cost up front

📌 Start here:

• legalhusk.com
• legalhusk.com/services
• legalhusk.com/services/civil-litigation
• legalhusk.com/about-us

Client Case Study

Maria S., Freelance Designer Maria was sued by a client over a canceled contract. Unsure how to proceed, she tried writing her own motion to dismiss but struggled with the format. After reaching out to Legal Husk, she received a complete motion tailored to her state rules. The case was dismissed in under 45 days.

Total Legal Husk cost: $500 Estimated savings: $12,000 in litigation costs and 6 months of time

Final Thoughts

Yes, you can file a motion to dismiss or summary judgment without a lawyer—but the risks are high. These motions are technical, strategic, and often the best chance you have to win a case early. Don’t leave it to chance.

📩 Let Legal Husk handle the heavy lifting. Visit Legal Husk today to get a professionally prepared motion that gives your case the strongest start.