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Business Law, Contracts, Civil Litigation, Real Estate Law and Legal Malpractice for Virginia
Q: Can I sue an attorney in Virginia for shredding a deed without my permission?
My now-ex partner hired an attorney to create a deed adding me to the title of a house that we both contributed financially to. He executed and delivered it to me, and I accepted it. I then mailed it to the attorney. After a break-up, my ex asked the attorney to shred the deed, which the attorney did without my permission. The deed was initially executed and delivered on May 21, 2025, but I had no written agreement or communication with the attorney about the deed, as he was hired by my ex. There was a verbal understanding that I would be added to the mortgage after being added to the title. Do I have legal grounds to file a lawsuit against the attorney? The property is in Virginia.
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Lawyer Answer
A:
Interesting question that would surely require some research and would have a relatively high risk of loss. Firstly, you should not prevail in a lawsuit against the attorney for malpractice, because the first element of professional negligence is that you have an attorney-client relationship. There needs to be a duty to you before you can prevail in a lawsuit for breaching it.
The interesting issue is whether a duty arises on your facts. When the lawyer was preparing the deed or negotiating the terms, he was clearly not your lawyer. But, once the deed was executed and agreed, and you returned it to him solely for the purpose of recordation, perhaps he was no longer a lawyer for your ex, but was an escrow agent for both of you. Under either that argument or an argument that you were in the zone of protected interests, you might have a cause of action. If there is enough money involved, that may be worth the research time.
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