Morré & Associates
Regardless of who the attorney is who handles a case, it is
important that he or she has an aggressive motions practice in place
to complement his or her knowledge and skills in the practice of law.
An aggressive motions practice is important in any given criminal case
for a number of reasons. Perhaps
three of the most important, however, are:
To aid in achieving tactical results sought,
To secure evidence that could be critical to the outcome of a case, and
To deal with issues of improper procedure.
In an effort to effectuate greater ease and economy in the
flow of information in the District Courts of Massachusetts, many standardized
forms have been implemented – including “Pre-Trial Conference Reports”,
which serve to take the place of many of the more common motions used in court
on a day to day basis. At
the law firm of Morré and Associates we fully support the use of such
standardized forms in the practice of law, and indeed such forms have
effectuated greater ease and economy in the flow of case information and
management.
However, in addition to the standardized forms provided in courts, it is
imperative that an attorney supplement the standardized forms used by courts
with individualized motions
– when and where possible - that are particular to a clients case.
Only when the combination of standardized forms/motions and individualized
motions are used, can the full impact of pre-trial preparation be
realized.
It is important for an attorney to understand the tactical
use of motions. In all instances
where a motion can be used, each motion to be used must be given significant
consideration and weighed carefully in order to fully effectuate a cost benefit
analysis of the pro’s and con’s to a case and the strategy of a case.
Quite simply, just because a motion can be used does not mean that it
should be used. The facts of each
case vary, and such variations can be a decisive factor in the use of a given
motion.
Morré & Associates has implemented an aggressive
motions practice when handling client cases.
In addition to using standardized forms provided by the courts, our firm utilizes motions that are tailored to meet
objectives in case strategy. Cases
accepted for representation by Morré & Associates undergo heavy
scrutiny in identifying 1) procedural errors that could result in positive
movement in a case, and 2) evidentiary issues that demand attention.
After the facts of a case are scrutinized, and a general strategy is
outlined for a case, motions are identified that are necessary to help achieve
the end result desired. At Morré
and Associates we firmly understands that the
unrestrained use of motion can cause damage to a case.
For this reason, at Morré and Associates we scrutinizes each motion
prior to use, weighing them heavily after asking and answering the following
four questions:
How important is the motion to the case?
What are the tactical benefits of the motion?
What are the tactical costs of the motion?
Is it possible to achieve the desired outcome without utilizing a motion?
Only after the above cost-benefit analysis has been completed
is a motion
used in a case. This analysis
ensures that a motion is utilized only after it has been carefully
considered. Each case accepted for representation at Morré and Associates
receives this level of treatment regardless of the severity of the
crimes charged. This is part of the level of dedication clients of our
firm receive on a daily basis.
If the reader should have further questions after going through this section, our firm would welcome the opportunity to discuss any questions in a free consultation.