Present attorney asked I draw up Summary Judgement Response

I am currently in the middle of a lawsuit for sexual discrimination and a number of other charges, I have a attorney whom two years ago took my case on contingency. However the defendants in my case have filed for Summary Judgment. Pretrial begins if not granted in March. My attorney has asked me to prepare the response to the Summary Judgment, exhibits the whole nine yards.

I have never heard of this. Should this be cause to seek a different counsel. I have no idea how to do this and feel strongly my case is at risk because of his request, and we have overwhelming evidence against my harasser.

1 answer  |  asked Feb 4, 2008 5:44 PM [EST]  |  applies to California

Answers (1)

George Allen
MSJ

You should not prepare your own opposition to a motion for summary judgment. It is a very technical process, and if you lose the motion then your case is lost (absent an appeal). It would be unusual for an attorney to request his/her client to prepare the opposition, so I suggest that you confirm with your present attorney that this is what he meant. If so, you should either get him to agree to prepare the opposition, or promptly find a different attorney.

posted by George Allen  |  Feb 4, 2008 5:53 PM [EST]

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