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Writing a successful motion to dismiss requires clarity, and a strong ability to apply the law to the relevant facts. The standard for granting a motion to dismiss is high.An individual must know what needs to be proved to show that the client is entitled to dismissal. In this post you'll find out how to fire problem clients with grace and without creating new potential problems for your law practice. A motion to dismiss can save your client's money, the court's time, and keep a weak case out of the judicial system. It depends on how the application words it. If it's convicted of the offense, then no. A Motion to Dismiss may be filed at any time during the litigation process. If you want to dismiss the complaint without the possibility of refiling it in the future, you should check the box for "with prejudice. Client Wins Dismissal after Legal Malpractice Claims Proven Insufficient Goldberg Segalla.