Legal Question in Civil Litigation in California

Re: motion for summary judgement

The reason you have to pay for trial preparation is that your lawyer has to prepare for trial. With only a month to go he has to get started. If he waits for the judge to rule and then learns the motion was denied, he may not have enough time to do all the work he is required to do. Better to be prepared for a trial that never happens than to be unprepared for one that does. Additionally, he has to keep much of his calendar clear for your case, and is probably turning down other work to make sure he has time for you.

There is nothing you can do to speed up the judge's decision. Unless and until he rules otherwise, you and your attorney should presume that he will rule against you and prepare accordingly.

A separate trial preparation retainer is relatively unusual; check your original contract and see if it contains any terms inconsistent with what your lawyer is doing now.

Whether $25,000 is a reasonable amount depends upon the nature and complexity of the case, as well as the skill and experience of the attorney. The amount may be quite reasonable for what you are getting. The problem, of course, is that you don't know what you are getting and neither does he.

Your attorney wants to be paid up front because many clients decide to stop paying therir bills when they no longer need the lawyer's services. But maybe he will agree to refund a portion of the trial retainer if the case is resolved before he finishes his preparation. It can't hurt to ask.

Re: motion for summary judgement

A judge who takes a matter under submission has 90 days within which to make a decision.

As the other responders have mentioned, your attorney cannot wait until the last minute to prepare for trial. However, perhaps the fact that the motion is pending will allow him the opportunity to negotiate a cheaper exit from the lawsuit (assuming you are the defendant and it is your motion).

Good luck.