Perspective
Dispositive Motions in Legal-Mal Cases: Be Careful What You Wish For
October 21, 2026
Author
Richard M. Zielinski
Director, Boston
rzielinski@goulstonstorrs.com+1 617 574 4029Source
Massachusetts Lawyers Weekly
Related Expertise
Richard Zielinski, director and a leader of the firm’s Law Firm Defense Practice Group, recently published an article in Massachusetts Lawyers Weekly entitled “Dispositive Motions in Legal-Mal Cases: Be Careful What You Wish For.” In the article, Richard cautions law firms about the risks such motions can present and advocates for a more strategic and targeted approach to their use.
Among the key points Richard examines:
- Dispositive motions have become increasingly expensive to litigate.
- The legal standards governing dispositive motions favor the plaintiff, not the law firm, whereas the burden of proof at trial favors the firm.
- Adverse rulings on dispositive motions can create unfavorable “law of the case,” potentially increasing the settlement value of a case or presenting challenges at trial.
- Even favorable rulings on dispositive motions are sometimes reversed on appeal.
- Law firms and defense counsel should carefully weigh the risks and benefits before filing dispositive motions, including whether to forgo them entirely or pursue partial motions targeting specific issues where the likelihood of success is higher and the potential risks are more manageable.
Richard’s analysis underscores the importance of weighing the potential benefits of dispositive motions against their strategic risks, particularly in legal malpractice litigation. Read his full article here for a closer look at the considerations that should inform defense counsel’s approach.
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