What constitutes a breach of fiduciary duty?

Posted July 13th, 2021.

Categories: Legal Malpractice.

If you believe that your attorney has broken their fiduciary duty which resulted in the loss or impeding of your case, you are likely looking to hold them accountable. Reach out to our experienced legal malpractice firm who can walk you through the legal process ahead. We are prepared to fight for your rights in court.

Continue reading to discover the definition of fiduciary duty and the most common examples of a breach in fiduciary duty. Plus, learn how to hold your attorney accountable for breaching their fiduciary duty. Give our firm a call today to right this wrong.

What is fiduciary duty?

A fiduciary is a person who holds a legal or ethical relationship of trust with a party or parties. Attorneys are legally responsible to provide their services with a standard of care and honesty which is known as a fiduciary duty. Some of the most common examples of a breach in fiduciary duty can include the following:

  • Committing an act of fraud
  • Ignoring clients’ requests
  • Failing to file tort claims notices
  • Neglecting to recognize certain taxes
  • Settling cases without their clients’ permission
  • Failure to file a notice of intents when required
  • Neglecting to file certificates or affidavits of merit
  • Failing to thoroughly and accurately perform a record search
  • Losing evidence, files, or other important documents pertaining to your case
  • Failing to account for the tax consequences of a settlement, such as in a personal injury claim
  • Failing to properly calculate damages, payoff amounts, or any other monetary facet of your individual case
  • Having a serious conflict of interest that puts your attorney in a position where they are unable to honestly fight for you

How do I sue an attorney for a breach of fiduciary duty?

The first step you should take is to reach out to a knowledgeable legal malpractice attorney who will gather and analyze the evidence and documents pertaining to your case. They will use this evidence to prove that your attorney breached their fiduciary duty towards you. They will then prove that you suffered severe damage as a result of this breach, which will achieve a successful legal malpractice claim. To get started as soon as possible, reach out to our firm today to learn more about our services and to schedule your initial consultation. We are prepared to fight for your rights in court.

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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