The clients on both sides of a civil lawsuit usually have at least one thing in common: they don’t like being in a lawsuit. They want it over as soon as possible. And, yes, they would like to win too. So, to make clients on both sides of the “v” happy, don’t be passive. Be active, and among the first chances to be active after the return date is to ask for a scheduling conference and have big ideas about what it should yield.

Many defense attorneys may think that the first thing to do after the return date is to appear and immediately move to dismiss the case on some subject matter jurisdiction ground. Come out punching, and punch hard. And, yes, there are cases begging for this. Truly frivolous, fatally defective cases. When you are sure to win this motion, go for it. But unless you have a certain win, starting with the usual grinding series of motions merely launches the case on the usual conveyor belt of motion, extension of time, opposition, extension of time, reply, extension of time, argument and 120 days to a decision. Rinse and repeat. A year or so is lost right out of the box.