There are many different ways to handle a case. Not being an attorney, I'm not familiar with every strategy. So I can't say if your attorney's plan of action if proper or not. Perhaps he will ask for dismissal before a trial starts. Remember, a trial is just an exercise to determine the facts.
If there are no facts to determine, then a trial is not necessary and the court can make a decision on just the law. That would be called a Summary Judgment.