Legal Question in Legal Malpractice in Tennessee
Attorneys Misleading Court
Is there any penalty against attorney's and their clients when the attorneys knowingly omit information and actually lie in the papers they file?
I live in California and have a web site about the business practices of a mega corporation. Last year, I was sued by that corporation in California on the basis of defamation. I won an anti-SLAPP suit in which the judge stated the web site is an issue of freedom of speech and in the public's interest and that the defendants would be unlikely to prevail at trial.
Last week, I was served papers again. This time, the corporation has filed suit against me in a federal court in Tennessee, citing the Lanham Act. In the documents they submitted to the court, they lied and stated that I am engaged in commercial use. They also conveniently omitted the fact that the Lanham Act specifically excludes non-commercial use.
This is clearly legal harassment intended to silence me and to keep information from the public. Will I have to incur more debt to maintain my freedom of speech, or can I write a letter to the judge stating the facts in the hopes he will throw the case out?
2 Answers from Attorneys
Re: Attorneys Misleading Court
There is no law against this. They are basically stating their side of the story in the complaint and you are stating yours in the answer, which hopefully you have already filed. If you do not file an answer within 30 days of being served they will automatically win and you will never have a chance to defend yourself. A letter to the court means nothing. You need to file a written answer along with a proof of service by mail showing that you served the plaintiff by mail. If you cannot pay the filing fee you may qualify for a Waiver of Court fees and costs which you can also get at the court. If you need help filing an answer and need it done quickly please feel free to contact my office at 888-563-8529. I can help you file the papers with you as your own attorney. I look forward to speaking with you. If you do not call me call someone or else you will have a default against you and they will start taking your money and your assets.
John Hayes
Re: Attorneys Misleading Court
this is not considered misleading the court but it should be easy to get the case trown out on a summary judgment.
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