Motion to Dismiss (n.) – Jameson

MOTION TO DISMISS (N.):

A FORMAL REQUEST BY A DEFENDANT ASKING A JUDGE TO THROW OUT A LAWSUIT BEFORE IT GOES TO TRIAL.

JAMESON

The Following Morning

“Anyone want to tell me if this prolonged silence in my courtroom is part of Mr. Tate’s usual theatrics?” Judge Ashton stares at me from the bench. “Is he breathing?”

“What the hell is going on with you?” Lucas mutters under his breath. “Announce the emergency motion you mentioned to me…”

“Right.” I smile and clear my throat. “Your Honor, I would like to file a motion to dismiss all charges against my client.”

“Maybe I should’ve asked if you were on drugs.” The judge shakes his head. “Are you out of your mind?”

“It was worth a try, Your Honor.”

“There better be another reason you requested an emergency hearing. Otherwise, I’m tempted to hold you in contempt.”

“There is, Your Honor.”

“And yet, I’m still waiting to hear it.”

“I’m formally requesting to withdraw as counsel for Mr. Hunter,” I say. “There’s a conflict of interest that will prevent me from providing proper counsel.”

“What the fuck?” Lucas roars, shooting to his feet.

“Have a seat, Mr. Hunter.” The judge bangs his gavel. “Approach the bench, counsel. Both of you.”

I move forward, feeling Lucas shooting daggers into my back with every step.

“Mr. Tate, usually the client knows that you’re dropping him before you get to my courtroom,” Judge Ashton says. “Why was that not done?”

“It’s personal.”

He looks at the prosecutor. “Do you have any issues with Mr. Tate withdrawing at this point? It will mean Mr. Hunter gets more time to find replacement counsel.”

“I have no problem with not having to go against Mr. Jameson in court.” Julia smiles. “And I’m sure the feds will have no issue with their case either.”

“Fair enough.” He motions for us to step back. “You can return now.”

I return to my place, and Judge Ashton slides a pair of reading glasses over his eyes.

“I grant Mr. Tate’s motion to withdraw as counsel. Mr. Hunter, you are responsible for securing new representation.” He bangs his gavel and dismisses us from the courtroom.

“Who the fuck do you think you are?” Lucas slams a hand against my shoulder the second we step into the hallway. “I didn’t give you permission to fire me, and you’re going to file a new motion to get back on.”

“No.” I straighten my jacket. “I’m not.”

“Then count your days.”

“I’m the last person you want to threaten, Mr. Hunter.” I adjust my cuff. “I know where all the bodies are buried.”

“You don’t know shit.”

“Then I’ll just call the police and tell them I smelled something strange near one of the old wells on your estate.”

His expression shifts from rage to concern.

“There it is.” I smile. “The question isn’t ‘Who the fuck do you think you are?’ It’s ‘Why is there a conflict of interest?’”

“There isn’t one,” he hisses. “You’re dropping me because you’re chicken shit and scared that you might have to put in extra work to keep your winning record.”

“No, I just added a new policy to my firm regarding the type of clients we take.” I adjust my tie. “But in your case, it doesn’t really apply. The real conflict is me dating your daughter.”

“Excuse me?”

“I’m sorry, that’s incorrect.” I glance at my watch. “It’s being in love with your daughter—the one you don’t seem to care for. Highly inappropriate and a very long story, but I have a flight to catch to see her, so…”

I hand him my briefcase.

“Every password to every file I have on you is in there.” I take a step back. “And there’s no need to attempt to kill me. I can’t say a bad word about you, and since I’m still the best fucking lawyer I know, I’m also forever bound by attorney-client privilege.”

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