What is a Breach of Fiduciary Duty?

Posted October 29th, 2019.

Categories: Legal Malpractice.

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We trust attorneys to faithfully represent our best interests, 100%. Fortunately, this is usually the case, however, there are attorneys out there who simply make negligent mistakes, and there are also attorneys who will willingly take advantage of a client in a vulnerable situation. This is completely unacceptable, and if you find yourself a victim of legal malpractice, you are most likely now looking into your legal options going forward. Please read on to learn more about what qualifies as legal malpractice and the significance of fiduciary duty to an attorney.

What are some examples of a breach of fiduciary duty?

There are several ways and circumstances in which an attorney can breach his or her fiduciary duty. Whether your attorney committed such a breach voluntarily, or out of sheer negligence, however, is irrelevant. If this breach negatively affected your case, harming you in the long run, it should not go unpunished. Some examples of a breach of fiduciary duty are as follows:

  • Committing fraud
  • Conflicts of interests
  • Failing to file certificates or affidavits of merit
  • Failing to recognize taxes
  • Neglecting to file tort claims notices
  • Failing to file a notice of intents
  • Settling a case without a client’s permission
  • Ignoring the client’s requests
  • Making an error in a record search
  • Making a mathematical error in calculating damages, payoff amounts, or any other aspect of your case
  • Losing evidence, files or other important documents
  • Failing to account for tax consequences of a settlement
  • Neglecting to address doctor’s or health care liens

Can I sue an attorney for breaching his or her fiduciary duty?

Fortunately, you can. Our firm seeks to hold all negligent, and sometimes downright malicious attorneys accountable for their actions. If you believe you hired an attorney who either accidentally, or intentionally breached his or her fiduciary duty, there is a very good chance you can recover financial compensation to help attain the justice you need. Do not let an attorney make your life more difficult. We exist to do the opposite. When you choose our firm, you know you will have a skilled legal team fighting in your corner. We are here to help.

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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