It's common knowledge that a person is entitled to his or her day in court.  What is not common, however, is having a day in court and not knowing about it.

A Utah attorney filed a class action lawsuit without ever bothering to meet, contact or obtain the consent of his so-called clients. One of the named plaintiffs, who also happens to be a lawyer, did not learn of the lawsuit's existence until contacted by a local newspaper for a comment.

Attorney E. Craig Smay claims he did not need the clients' permission to file the lawsuit, which argues that the ongoing efforts by the State of Utah and The Church of Jesus Christ of Latter-Day Saints to block gay marriage were resulting in emotional distress. Smay selected his plaintiffs, Amy Fowler and Pidge Winburn, after reading about them in a front-page newspaper story.

According to news reports, Smay told Fowler in an email that he did not need her permission to file the suit. He also stated that, "She can file [for dismissal] until the cows come home. She's wasting her time and she's wasting my time."

Fowler responded by filing for a dismissal, which was granted by the court.  Fowler also has filed a complaint with the state bar.

—Source: blogs.findlaw.com/strategist