Trial Court Motions

Fewer than 2 percent of civil cases ever reach trial. Therefore, in most civil cases, motions made as part of the pre-trial litigation process are the most important thing that actually takes place in a trial court. They can be crucial in establishing positions of strength that subsequently lead to settlement. Sometimes, they can dispose of entire actions. Often, indeed, appeals arise not from the outcome of trials, but from a judge's decision relating to a motion.

However, busy litigators often don’t have the time – or even the inclination – to focus for prolonged periods on complex motions. The day-to-day pressures of litigation get in the way of the detailed analysis and constant rewriting that is needed for best-in-class written advocacy. Although there are major differences between trial court motions and appellate briefs, both can draw on a common skill set and require a rhythm that doesn’t suffer from constant interruption and the inherent distractions of multitasking.

So, in addition, to handling appeals, John Derrick is available to work on case-critical motions in trial courts. He can either associate in as co-counsel or work “behind the scenes” ghostwriting and consulting for trial counsel. As with appeals, he prefers flat-rate billing to charging by the hour.

As well as working on motions during the pretrial stages of litigation, John Derrick can work with trial counsel when it comes to jury instructions, motions in limine, in-trial motions, post-trial motions, and, in the case of bench trials, statements of decision.

His goal is to produce turnkey, ready-to-file documents. His approach is that “there is no such thing as a draft.” Maybe a document is capable of being improved as a result of someone else’s review – but the document shared for review should itself be in a state that is ready to file.