Legal Question in Civil Litigation in Massachusetts

Is there any recourse for failing against motion of summary judgement?

Is there any avenue of appeal if we fail in our defense against a motion of summary judgement filed by opposing council?

We are very concerned about an upcoming case we have. Our attorney is half-heartely preparing a defense to a motion of summary judgement in a civil suit. (missing too many details and not paying attention) We have believed for some time (gut feeling) that our attorney is not interested in pursing this on our behalf. We have to constantly remind our attorney of the all details of our case especially evidence already submitted by our attorney. We feel we have to defend our case to our own attorney. We are afraid this attorney simply wants to be done with us and will not zealously prepare the best defense on our behalf.

If this defense against the mtj fails, do we have any appeal avenue?

Obviously there is much more to this than I can put here now.


Asked on 9/28/04, 8:13 am

1 Answer from Attorneys
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: Is there any recourse for failing against motion of summary judgement?

There is an avenue to file for appellate relief, and there is a small window of time in which the initial pleadings must be filed. Get an appellate counsel on task yesterday.

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Answered on 9/28/04, 11:29 pm


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