What is a Fiduciary Duty?

Posted February 4th, 2020.

Categories: Legal Malpractice.

When you have a job, you are obligated to do that job honestly and to the best of your ability. Attorneys are no different, except that they are also legally responsible for doing their jobs honestly and with great care. This is known as a fiduciary duty. If your attorney broke his or her fiduciary duty and lost or severely impeded your case, you are most likely now looking to hold that attorney accountable. Fortunately, our New Jersey legal malpractice firm is here to help you do just that. Please read on to learn more.

What constitutes a breach of fiduciary duty?

Unfortunately, attorneys can (and do) breach their fiduciary duty to their clients more often than you may think, and in many different ways. Just some examples of a breach of fiduciary duty can include the following:

  • Attorneys settling cases without their clients’ permission
  • Ignoring clients’ requests–whether your attorney thinks he/she knows better, or simply failed to listen when you shared your requests, he or she is most likely committing an act of legal malpractice
  • Failing to thoroughly and accurately perform a record search
  • Failing to properly calculate damages, payoff amounts, or any other monetary facet of your individual case
  • Neglecting to recognize certain taxes
  • Failing to file tort claims notices
  • Not filing a notice of intents when required
  • Misplacing or 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
  • Committing an act of fraud is one of the worst, most dishonest things an attorney can do
  • Having a serious conflict of interest that puts your attorney in a position where he or she is unable to fairly and honestly fight for you, and only you
  • Neglecting to file certificates or affidavits of merit

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

This is where our firm comes in. We will gather and analyze all documents and evidence pertaining to your case to prove that your attorney, in fact, breached his or her fiduciary duty towards you, the client, and that you suffered severe damages as a result. We are here to help you in your time of need. Do not wait–the sooner you reach out to our firm, the sooner we can begin the claims process to reach the justice you deserve.

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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