Joseph C. Barna v. W. Martin Seiler - Dissenting

I respectfully disagree with the majority’s conclusion that the movant, attorney Martin Seiler, shifted the burden of persuasion to the plaintiff Joseph Barna for purposes of summary judgment. Admittedly, Mr. Barna did not refute the affidavit of Mr. Seiler, but I submit he did not have to because Mr. Barna was not obliged to come forward with countervailing evidence to create a dispute of fact. This is due to the fact that Mr. Seiler failed to provide a sufficient affidavit or other proof. Specifically, Mr. Seiler’s affidavit, which is the only evidence to support his motion for summary judgment, is insufficient because he failed to provide any specific material fact for this court to consider that pertains to the legal services he actually rendered. Mr. Seiler only informed us of the fact that he has many years of experience as a lawyer in the field of security litigation, which is a relevant and material fact, but by itself is insufficient to refute the specific allegations in the complaint as to what Mr. Seiler failed to do in his representation of Mr. Barna.