What to Know About a Breach of Fiduciary Duty

Posted November 30th, 2021.

Categories: Legal Malpractice.

You are likely looking to hold your attorney accountable if you believe that they have broken their fiduciary duty, which resulted in the loss or impeding of your case. To learn more about the legal process ahead, do not hesitate to reach out to our experienced New Jersey legal malpractice attorney today. To discover the definition of fiduciary duty, the most common examples of a breach in fiduciary duty, and how you can hold your attorney accountable for breaching their fiduciary duty, read on. If you have any further questions regarding this process, give our firm a call. Our legal team is prepared to fight for your rights in court.

What is fiduciary duty?

A person who holds a legal or ethical relationship of trust with a party or parties is known as a fiduciary. Attorneys hold a legal responsibility to provide their services with a standard of care known as a fiduciary duty. The most common examples of a breach in fiduciary duty are as follows:

  • Losing evidence, files, or other important documents pertaining to the case
  • Having a serious conflict of interest
  • Neglecting to file tort claims notices
  • Neglecting to file certificates or affidavits of merit
  • Failing to account for the tax consequences of a settlement
  • Failing to properly calculate damages, payoff amounts, or any other monetary facet of the case
  • Disregarding certain taxes
  • Disregarding clients’ requests
  • Settling cases without their clients’ permission
  • Committing an act of fraud
  • Failing to file a notice of intents when required
  • Neglecting to thoroughly and accurately perform a record search

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

If you are looking to take legal action against your attorney for breaching their fiduciary duty, the first step you should take is to reach out to a skilled legal malpractice attorney. Your attorney will gather and analyze the evidence and documents pertaining to your case. This evidence will be used to prove that the attorney in question breached their fiduciary duty towards you. Next, your attorney will prove that you suffered severe damages as a result of this breach. If this can be proven, you will achieve a successful legal malpractice claim.

To get started with this process as soon as possible, do not hesitate to reach out to our experienced legal malpractice firm. We would be happy to schedule your initial consultation with our legal team. Give our firm a call today to learn more about our services and how we can assist you. 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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