Learn how to clearly explain motions to dismiss and motions for summary judgment to your clients. Legal Husk provides a practical guide for attorneys to build client trust and understanding.

Explaining Pretrial Motions to Clients: A Guide for Legal Professionals

Introduction

For attorneys and legal teams, explaining complex litigation strategies to clients is a critical skill. Among the most commonly misunderstood are pretrial motions, specifically the motion to dismiss and the motion for summary judgment. These motions are powerful tools, but their impact and timing are often unclear to clients.

This article is designed to help legal professionals explain pretrial motions in plain language while reinforcing confidence and encouraging client collaboration. With tips from Legal Husk, you can improve communication and strengthen the attorney-client relationship.

Start with the Basics: What Is a Pretrial Motion?

A pretrial motion is a request made to the judge before trial to resolve legal issues that can shape or end the case. The two most common motions are:

• Motion to Dismiss: Argues the complaint is legally insufficient.
• Motion for Summary Judgment: Argues there are no disputed facts requiring a trial.

Use metaphors when helpful:

Think of a motion to dismiss like checking if a movie plot makes sense before watching the whole thing. If the story doesn’t add up, you skip the movie.

Break It Down by Purpose and Timing

Motion to Dismiss (Rule 12(b)(6))

• Filed early in the case
• Looks only at the complaint, not outside evidence
• Says, "Even if everything the other side says is true, they still don’t have a case"

Motion for Summary Judgment (Rule 56)

• Filed after discovery
• Includes evidence like documents, affidavits, and depositions
• Says, "We’ve seen the evidence and there’s nothing here for a jury to decide"

Clients appreciate knowing the strategic goal:

• Save time and money
• Avoid trial
• Narrow down or eliminate claims

Address Client Concerns Head-On

"Isn’t this just a delay tactic?"

No. When filed properly, these motions are designed to resolve issues early and can significantly reduce costs and timelines.

"What happens if the motion is denied?"

The case continues, but you now have:

• Insight into the judge’s perspective
• A clearer picture of what to focus on in discovery or trial
• The opportunity to file other motions later

"Can this motion really win the case?"

Yes. Courts grant motions to dismiss or summary judgment when the law and facts are strong enough. Even partial wins can greatly reduce exposure.

Use Clear Visuals or Analogies

Clients retain more when you simplify:

• Motion to Dismiss = Checking if there’s a legal rule that prevents the case from moving forward
• Summary Judgment = Reviewing the available evidence to see if a trial is even necessary

You can even sketch a basic timeline:

1.    Lawsuit filed

2.    Motion to Dismiss

3.    Discovery (if case proceeds)

4.    Motion for Summary Judgment

5.    Trial (if still unresolved)

Offer Real-World Examples

• Dismissal Example: A complaint alleges breach of contract but never attaches or mentions a contract.
• Summary Judgment Example: Plaintiff claims discrimination, but all emails and policies show fair treatment with no evidence of bias.

Help clients see how these motions apply to their case.

Set Expectations and Keep It Collaborative

Pretrial motions are not about surprising the court or the other side. Let your client know:

• Judges appreciate clear, focused arguments
• Motions require time and preparation
• Your input (documents, timeline, evidence) is key to success

Encourage clients to share everything:

“The more I know early, the stronger the motion I can draft.”

How Legal Husk Supports Law Firms and Solo Attorneys

Legal Husk offers back-end litigation support for law firms:

• Ghostwriting motions to dismiss and summary judgment
• Drafting client communications and explanatory materials
• Flat-fee services for predictable billing

📌 Learn more at:

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

Final Thoughts

Helping clients understand pretrial motions builds trust, clarifies strategy, and leads to better litigation outcomes. By explaining the timing, purpose, and potential impact of motions to dismiss and summary judgment, you empower your clients to make informed decisions with you.

📩 Need help drafting persuasive motions or client guides? Contact Legal Husk and let our team strengthen your litigation strategy from behind the scenes