I hope you have deep pockets to pay that attorney to scare something up, because speculation isn't going to get your very far in court.
Even if the offer offer was for less, maybe it was cash or some other terms that made it more attractive to the seller.
I would recommend you move on from this. There's no point in pursuing it further. You will only waste your time and money.
Theres a lot of other houses out there.
Best of luck.
Disclaimer: I am a licensed real estate broker and property/casualty insurance agent in the State of Ohio, providing information and sharing experiences acquired over 15 years in the industries. I do not profess to be qualified to give advice in any other field, though will share opinions and information obtained during my course of work. It is always highly recommended that consumers seek counsel from a specialist in each area in which there is a question or concern.
If the owner has in fact accepted another offer, whether yours is higher or not is really irrelevant since he has accepted another contract.
But I guess you believe the agent purposefully did not present your written offer?
Although it is frowned upon, nothing really stands in the way of you picking up the phone and calling the owner and asking him yourself.