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Law firm for me failed to appear before Default Judgment awarded

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Cynic2006

Junior Member
What is the name of your state? IL

Duplicate post under Landlord/Tenant

What is likely to happen in this breach of contract/Small Claims Court lawsuit?

Due to personal financial issues, I broke my rental lease contract and vacated the property.

The law firm that is representing me on those other legal issues agreed to represent me in the Small Claims Court lawsuit filed against me. However, since no one appeared to represent me in court (nor filed an appearance to represent me) for the 8:45 call, the plaintiff was awarded a default judgment of almost $5000 against me.

The law firm has filed a Motion to Vacate Default Judgment. However, with timestamps of 9:30-9:40 on the various documents supporting that motion (for an 8:45 schedule), on what grounds can *lawyers* successfully vacate a default judgment for a failure to have *any* representative of the law firm appear at the time specified in the subpoena?

If the plaintiff or lawyer for the plaintiff had simply been "late" to court due to unexpected traffic or "more important issues" or whatever, could the plaintiff have filed a motion (and succeeded?) to reinstate the lawsuit after it had been *dismissed* by court order?

Or do lawyers have broader latitude for missing *required* court appearances than plaintiffs or defendants do? Couldn't even a secretary or intern of the law firm have appeared to simply set a trial date??

Since I trusted the law firm when I was told that I didn't need to appear, can I sue the law firm for the amount of the default judgment that was due to their *negligence*?

Is this why lawyers are held in such disregard?
 
Last edited:


weenor

Senior Member
Cynic2006 said:
The law firm has filed a Motion to Vacate Default Judgment. However, with timestamps of 9:30-9:40 on the various documents supporting that motion (for an 8:45 schedule), on what grounds can *lawyers* successfully vacate a default judgment for a failure to have *any* representative of the law firm appear at the time specified in the subpoena?

The judge will set aside the default if he buys the lawyers excuse.

If the plaintiff or lawyer for the plaintiff had simply been "late" to court due to unexpected traffic or "more important issues" or whatever, could the plaintiff have filed a motion (and succeeded?) to reinstate the lawsuit after it had been *dismissed* by court order?

Sure, if the judge buys the lawyers excuse

Or do lawyers have broader latitude for missing *required* court appearances than plaintiffs or defendants do? Couldn't even a secretary or intern of the law firm have appeared to simply set a trial date??

I don't know that lawyers are afforded broader latitute, but since must judge's were lawyers at one time, they know that unavoidable conflicts do arise.

Since I trusted the law firm when I was told that I didn't need to appear, can I sue the law firm for the amount of the default judgment that was due to their *negligence*?

Only after the judge refuses to set aside the default

Is this why lawyers are held in such disregard?
Lawyers are held in disregard for a number of reasons, not the least of which is the fact that people only go to lawyers when they get into trouble and feel the lawyer should be able to fix the unfixable.
 

dcatz

Senior Member
If things really happened as in your post and details aren't being omitted:

The law firm has filed a Motion to Vacate Default Judgment.
They are likely to be successful, if there is any credible justification, because courts disfavor defaults and prefer that there be rulings on the disputed merits. But a "second chance", if one is granted, is also likely to cost, in terms of monetary sanctions, and the lawyers should be paying those themselves.

could the plaintiff have filed a motion (and succeeded?) to reinstate the lawsuit after it had been *dismissed* by court order?
That's a completely speculative question. It assume that nobody showed and the case was dismissed rather than you being awarded a favorable judgment. It also depends on whether the plaintiff would have a right to appeal in your state. If it was dismissed, and was dismissed without prejudice, it would be easier to either request that it be reinstated to an active status or to refile it. Assume that there is likely to be some mechanism to revive it.

Or do lawyers have broader latitude for missing *required* court appearances than plaintiffs or defendants do?
No, but there are usually ways to fix things. They just cost money.

can I sue the law firm for the amount of the default judgment that was due to their *negligence*?
You can and should file a claim with their malpractice insurance carrier, but there is probably not going to be much activity until the motion to vacate the default is heard and any other remedies have been exhausted. And then the matter of damages is still likely to be disputed, since you admit that you breached the lease.
 

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