What Constitutes a Breach of Fiduciary Duty?

Posted August 10th, 2022.

Categories: Legal Malpractice.

Suppose you recently encountered a legal issue that required the services of an attorney. You likely put a lot of thought into the hiring process. With the research you conducted and the reviews you checked, you likely were shocked when you realized that your chosen attorney was not the right one for your case. Your realization likely was from a breach of fiduciary duty. Continue reading to understand more about breaches of fiduciary duty and how a seasoned New Jersey legal malpractice attorney at The Law Offices of Mark S. Guralnick can help you fight back and obtain justice if this has happened to you.

What actions are considered a breach of fiduciary duty?

Overall, if you believe your attorney failed you as their client, then likely it is because they committed a breach of fiduciary duty. They may have failed you by practicing unusual behavior or losing your case that you believe you had every right to win. Specifically, the following are the most common actions that are considered a breach of fiduciary duty:

  • Your attorney misplaced or loses your file or evidence to be used for your case.
  • Your attorney has a conflict of interest that prevents them from effectively representing you as their client.
  • Your attorney misses the date for a tort claims notice in your personal injury claim.
  • Your attorney fails to properly calculate damages or payoff amounts in your personal injury claim.
  • Your attorney completely neglects to calculate damages.
  • Your attorney deceives you as their client or otherwise conducts fraudulent activity.
  • Your attorney settles your case without your explicit permission to do so.

How do I know if I qualify for a valid legal malpractice claim in the state of New Jersey?

If your attorney committed a breach of fiduciary duty, then you may have a chance to hold them accountable via a legal malpractice claim. To ensure the validity of your claim, you are responsible for proving the following as true:

  • You must prove that you were the attorney’s client and thus they owed you a duty of care.
  • You must prove that the attorney in question breached that duty of care by either committing malpractice or otherwise acting negligently.
  • You must prove that the attorney’s breach of fiduciary duty resulted in you losing your case and incurring significant damages as a result.

This is not always easy to prove, and you may need assistance with collecting this evidence. So, do not wait to contact a competent attorney at our legal malpractice law firm located in Cherry Hill.

Contact our experienced New Jersey firm

If you require the services of a dedicated legal malpractice attorney in New Jersey, please contact The Law Offices of Mark S. Guralnick today for a free consultation.

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