Is a Breach of Fiduciary Duty Considered Legal Malpractice in New Jersey?

Posted May 4th, 2022.

Categories: Legal Malpractice.

If you recently worked with a negligent attorney who negatively impacted the outcome of your case, that attorney likely committed a breach of fiduciary duty. Read on to see if you have a legitimate case for legal malpractice and how an experienced New Jersey legal malpractice attorney at the Law Offices of Mark S. Guralnick can help you fight for your claim.

What is a breach of fiduciary duty?

A fiduciary duty is a legal duty an attorney has to act on behalf of his or her clients, meaning they must place the interests of their clients first and act in good faith and with full disclosures.

The following are common acts that count as a breach of fiduciary duty:

  • Misplacing or losing a client’s file or evidence for the case.
  • Having a conflict of interest.
  • Deceiving a client or otherwise conducting fraudulent activity.
  • Settling a client’s case without his or her explicit permission to do so.

Specifically, for personal injury claims, examples of a breach of fiduciary duty can be missing the date for a tort claims notice, failing to properly calculate damages or payoff amounts, or completely neglecting to calculate these damages.

Is a breach of fiduciary duty a valid legal malpractice in New Jersey?

If your attorney committed a breach of fiduciary duty, they may be liable for damages for legal malpractice. Also, they may be guilty of committing ethical violations of the Rules of Professional Conduct.

To set yourself up for a successful legal malpractice claim, first, you must have proof that you were indeed the attorney’s client and that they owed you a duty of care. Then, you must prove that the attorney in question breached that duty of care by committing malpractice or acting negligently. Ultimately, you must provide evidence that this breach resulted in you losing your case and acquiring significant damages.

What is the statute of limitations for legal malpractice claims in New Jersey?

The statute of limitations for legal malpractice claims in the state of New Jersey is 6 years from the date of the incident of malpractice. If you believe you experienced a breach of fiduciary duty and want to take legal action, do not hesitate to reach out to a New Jersey legal malpractice attorney today.

Contact our experienced New Jersey firm

The Law Offices of Mark S. Guralnick is an experienced and committed legal team for clients throughout the state of New Jersey. Our team effectively serves victims of legal malpractice. If you require the services of a dedicated attorney, please contact The Law Offices of Mark S. Guralnick today for a free consultation.

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