An attorney is going to need to review the title to the property and all the documents and correspondence between you and your co-owner or partner, before any attorney could correctly answer either of your questions.
The private lawsuit you would file would be a petition for an accounting. Embezzlement is a crime, and only a district attorney or attorney general can prosecute such a crime. Most district attorneys offices are too busy dealing with murders, drug crimes, robberies and violent attacks, to divert resources to a private dispute between two property owners or business partners.
Is your attorney still representing you in connection with the property or the partnership? The statute of limitation starts when the attorney stops representing you in connection with the subject of the dispute. Malpractice cases are expensive. They require proving the standard of care for lawyers in that community, that the lawyer's work failed to satisfy that standard of care, and that you would have gotten a better result if the lawyer had not committed malpractice. The last item means that you have to have a trial of the property/partnership case, inside the malpractice case. Also, proving the standard of care requires the use of an expensive expert witness.
Please meet with an attorney right away. Depending on which statute of limitation applies, if it is two years, then it could be expiring any day. If you would like to set up an interview, please call me or email me directly.
Dana Sack
Answered on Apr 21st, 2016 at 8:46 AM