What is a Breach of Fiduciary Duty? Do I Have a Legal Malpractice Case?

Posted April 6th, 2021.

Categories: Legal Malpractice.

If you recently had a pressing legal matter that required the assistance of an attorney, you most likely didn’t hire the first attorney you saw. You most likely researched at least a few attorneys, checked reviews, and more. For this very reason, it may have come as a serious shock to learn that after hiring your attorney, you realized that he or she was not the right attorney for your case. There are various ways you may have realized this, though it is safe to assume you realized it when you either took note of his or her unusual behavior and/or lost your case that you believe you had every right to win. In many cases, when an attorney fails a client, it is because that attorney committed a breach of fiduciary duty. Please continue reading and speak with our seasoned New Jersey legal malpractice attorney to learn more about what a breach of fiduciary duty is and how our firm can assist you if this has happened to you. Here are some of the questions you may have regarding the legal process ahead:

What constitutes a breach of fiduciary duty?

Some of the most common actions that generally count as a breach of fiduciary duty are as follows:

  • Misplacing or losing a client’s file or evidence to be used for a client’s case
  • Having a conflict of interest that prevents the attorney from effectively representing his or her current client
  • Missing the date for a tort claims notice in a personal injury claim
  • Failing to properly calculate damages or payoff amounts in personal injury claims
  • Completely neglecting to calculate damages
  • Deceiving a client or otherwise conducting fraudulent activity
  • Settling a client’s case without his or her explicit permission to do so

How do I know if I have a valid legal malpractice claim in New Jersey?

To have a legal malpractice claim, you and your attorney must prove that you were the attorney’s client and that he or she owed you a duty of care. You must then prove that the attorney in question breached that duty of care either by committing malpractice or acting negligently. From here, you will have to prove that the breach of fiduciary duty resulted in you losing your case and incurring significant damages as a result. This is not always easy, but our firm is ready to help you in any way we can.

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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