Can I Sue My Attorney For Failing to Disclose an Easement?


Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.

‘Can I sue my attorney for not revealing the fact that there was an easement across my property at closing? We tried to resolve this matter amicably. He admitted (in writing) that he knew about the easement but CHOSE not to inform us not to include it in the Deed.’The answer to the question “Can I sue person X?” is always yes. The real question is can you sue him and win, and that depends on the facts of the case.

Question: If you actually have written evidence that the attorney purposely withheld material information, you probably have a pretty good case. I suggest you find another attorney who you can trust to explore it further.