Legal Question in Legal Ethics in California

Re: summary judgement

It's hard to second-guess what your attorney did or didn't do. It also depends how far out the summary judgment motion was being heard and the results of the mediation.

Typically, your input would have been required to prepare an opposition to the summary judgment motion in the way of reviewing and signing a declaration -- unless your deposition testimony was so good that all your attorney had to do was use excerpts from the testimony.

A motion for summary judgment is usually a good bargaining tool for both sides if the mediation is held before the MSJ. If the plaintiff is confident of the case and the motion will be denied, then the defendant has incentive to settle at a favorable amount for plaintiff, lest the plaintiff moves forward toward trial. If, on the other hand, the plaintiff's attorney is worried about losing on the motion, it's incentive for plaintiff to settle, cut his/her losses, and get cash in the pocket if possible.

Re: summary judgement

Follow Mr. Cohen's advice.