Dave, What would be the bullets/important items to include in a "Motion to Dismiss" the individual in a Civil case whereby there is a "C" corp involved and both are named in the Suit? When the Government is the Plaintiff bringing a suit against a Corp and Individual, does this play into the court at all to "less likey", honor a motion to dismiss the indivudal? How does a person know that an attorney has done a GREAT job on a motion, instead of a medokre job because lawyers are in business to make money, and should they knock out the individual, and the corp has no assets, case over, no money to be made. Outside of basic trusting they are doing their best, XXXXX XXXXX can one tell, or what should a client ask or say to assure they are NOT being taken advatage of? any thoughts?
Country relating to Question: United States
State (if USA): New York
Contrary to popular opinion, lawyers do not intentionally file bad or defective motions in order to make more money on a legal case. I can't tell you what to look for simply because I have no way of knowing the entire basis for the motion. The key issue is whether the individual somehow was responsible for the actions of the corporation or was liable for the debt. Obviously if the individual signed a guarantee of debt then the individual would be responsible but everything else can be a gray area depending on the course of doing business and what was demonstrated in communications between the parties etc. This is like asking whether the medicine a doctor prescribes is the right medicine to treat the illness. Either you trust your professional or you don't and second guessing every move is simply not the way to proceed in any case. If there is a serious question as to what is being done then, as in a medical situation, I would recommend getting a second opinion.
when discussing things with your attorney, is it imperative that they know all that you do,or are some things best left uspoken? I always wondered if in the OJ trial, did his defense attorneys "know" , like what came out in the public trial whereby most all of the evidence pointed to him being guilty, that there was a great chance he committed the murder and from there, crafted a great defense around this information? Do you understand my question?
The more your attorney knows the better he or she can represent you. Surprises at trial are not a good thing and if the attorney doesn't have all the facts the representation will suffer. I would let the attorney decide what is important and what is not. Everything you tell your attorney is confidential. OJ could have admitted to ten murders and it wouldn't have changed how he was represented.
With the government as a plaintiff, would this dampen the chances of the court granting a motion to exclude the individual from the suit or is it in the written motion to exclude citing similiar cases that have excluded which would be the strength?
what would be some big bullets to have in a motion to exclude that you might suggest?
I have no idea what you mean by "big bullets". I also don't know what the government has to do with whether they were dealing with a corporation or an individual. As I said previously, I cannot prepare the documents and I can't give specific legal advice in the case. I can only tell you what I have so far concerning the corporate "veil" and in general how it applies but I can't offer specifics in your case. I've really tried to be of as much assistance as I possible can but I can't manage the case for you and I can't specifically tell you what to put in a motion. It is not permitted by my contract with just answer.
what I was asking was; Being the US Government is the Plaintiff, would the court lean towards denying any "motion to exclude" and individual from a suit that names a corp and individual? The US Govt. being seen as more important and correct, therefore, the court leaning automaticaly in their favor?
The government is no more "important" than any other litigant and has no special place in the courts. That's why we have a Constitution! They have to prove the same things as anyone else unless they are claiming some right under some specific Federal law making the individual responsible such as in some IRS cases.
25 years experience in general law, including real estate, criminal, traffic, and domestic relations
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