How to start a malpractice proceeding
I hired a lawyer to help me finalize a real-estate closing on property which I was going to build a distribution hub for restaurant equipment. My attorney assured the property I was buying was free and clear of all encumbrances, surcharges, covenants ETC. I came to find out after the closing that there was a restriction on this commercial property which disallowed any building larger than 10000 sq FT. My distribution hub needed to be 30000sq FT so this land is useless to me. I found out later that the lawyer I retained never performed a title search and he went to an awful un-accredited Southern New England School of Law. Had I have known where he went I would have never, ever hired him in the first place. That aside and my apologies to any decent Southern New England Law Alums but how do I start an action. Title search is a pretty standard thing that other attorneys do when I bought my private dwellings the lawyers I had retained would say ''before signing on the line let me look at the title.'' Unfortunately for me the two lawyers I was using retired, so I was stuck with the Southern New England reject.
1 Answer from Attorneys
Re: How to start a malpractice proceeding
You should first check your title insurance policy, if you had title insurance. Second, the attorney should have insurance to cover such malpractice claims. Finally, you would have to file a complaint in civil court for the attorney's mistake to initiate a lawsuit.
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