Can I Sue an Attorney for Lying to Get a Gatekeeper Order?

Question from J, Can I Sue an Attorney for Lying to Get a Gatekeeper Order?

Answer from AI:

If you believe an attorney obtained a gatekeeper order against you through deceitful means, such as not providing proper notice of service, you may have grounds to take legal action. Here’s a general overview of the steps you might consider:

Understanding Gatekeeper Orders

A gatekeeper order is a court order that restricts a person from filing lawsuits without prior approval from the court. These orders are typically issued to prevent frivolous or vexatious litigation.

Steps to Address the Issue

1. **Review the Default Judgment**:
– Obtain a copy of the default judgment and any related court documents.
– Verify the details of the service of process to determine if proper notice was given.

2. **Consult with an Attorney**:
– Given the complexity of legal procedures, it’s advisable to consult with a legal professional who can provide personalized advice.
– An attorney can help you understand your rights and the best course of action.

3. **File a Motion to Set Aside the Default Judgment**:
– If you did not receive proper notice, you might be able to file a motion to set aside the default judgment.
– This motion should be filed in the same court that issued the judgment.

4. **Consider a Malpractice or Fraud Claim**:
– If you believe the attorney acted unethically or fraudulently, you might have grounds to file a legal malpractice or fraud claim.
– You will need to prove that the attorney’s actions directly caused you harm.

Recouping Attorney Fees

To recover attorney fees, you might consider the following options:

1. **Include Attorney Fees in Your Motion**:
– When filing a motion to set aside the default judgment, you can request the court to award attorney fees as part of the relief.

2. **File a Separate Lawsuit**:
– If the court does not award attorney fees in the motion to set aside, you may need to file a separate lawsuit against the attorney for damages, including attorney fees.

3. **Check State Laws and Precedents**:
– Some states have specific laws or precedents regarding the recovery of attorney fees in cases of fraud or misconduct. Research your state’s laws or consult with an attorney for guidance.

Resources and Further Reading

– [Federal Rules of Civil Procedure](https://www.law.cornell.edu/rules/frcp) – Provides guidelines on motions to set aside default judgments.
– [American Bar Association](https://www.americanbar.org/groups/professional_responsibility/resources/client_protection/) – Offers resources on legal malpractice and client protection.

When to Seek Legal Advice

Given the potential complexity and seriousness of your situation, it is crucial to seek legal advice. A qualified attorney can help you navigate the legal system, file the necessary motions, and represent your interests effectively.

**Note**: This information is intended to provide a general understanding and should not be construed as specific legal advice. Always consult with a legal professional for advice tailored to your particular circumstances.