Did you like how we did? Rate your experience!

4.5

satisfied

46 votes

Can I sue a lawyer who wrote a lease without an indemnification?

Your question is a reasonable one but I can't answer it here without more information. Just a few of those questions are, for instance: what jurisdiction are you located in, where is the leased property, what does the lease say, what was your agreement with the lawyer, was it in writing, if so, what does the writing say, what your damages, have you mitigated those damages properly and so on. This is the problem with complex legal issues, they are rarely easily answered. Given the problem, you really need to seek the advice of a good, experienced real estate lawyer to look at your documents and to consult with you. While a malpractice lawsuit may be an option, you need to explore that possibility with someone who actually practices in that area after you consult with the real estate attorney and have a written opinion that your first lawyer's work was below the standard of care for your jurisdiction. Hopefully your first lawyer has insurance and you are timely in asserting your rights. These are additional factors that a malpractice lawyer will consider. You should be able to find someone to handle the malpractice action on a contingent or semi-contingent basis. If no lawyer will take it on a contingency, it may mean that your case is risky and the lawyer does not believe it is worthwhile to pursue. You need to ask the lawyer some hard questions and then you need to decide whether or not it is worth your time, effort and money to go after the lawsuit. Be prepared to pay for the real estate consult and be prepared for a significant number of out of pocket costs in the malpractice lawsuit, even if it is handled on a contingency basis. Lawsuits are not, despite popular cultural myths, lotteries and should not be pursued lightly. Here is one last thought, perhaps your original lawyer knows that he or she should have inserted a comprehensive indemnity clause into your lease and that in not doing he or she has made a mistake. If your relationship and your diplomacy skills allow, perhaps you can have a conversation with your original lawyer and he or she will agree to compensate you for some of your losses.

100%
Loading, please wait...