Before we can understand what type of lawyer or attorney you need, we need to know – what is a breach of fiduciary duty? Although this can sound confusing, it is just complicated legal jargon that actually stands for a simple action that is quite simple when you think about it. The fiduciary duty is when a person places confidence on another person to keep their secrets. If you place trust in another person, like your lawyer or your attorney, and they break the fiduciary trust, they are breaking their client-attorney privilege that they had with you. The fiduciary is solely entrusted with being able to keep a secret, keep your confidence, and make sure that you can trust them. If they do not keep your trust, they are breaking their duty.
When used in court and within the legal system, the fiduciary industry pertains to someone owing a legal duty to another person. This means that fiduciary duty must not contain a conflict of interest that can cause someone to act unlawfully or unethically. Therefore, a breach of fiduciary duty is simply when a person does not act to keep trust of the other person and acts irresponsibly on behalf of the other person (typically their client).
Let’s see when this can pertain to the breach of fiduciary duty attorney and how this can affect your legal battle.
Table of Contents
Breach of fiduciary attorney – what to keep an eye out for
Let’s see the main elements that are typically required for a client to file the claim that their attorney has breached their fiduciary duty. The client will need to have evidence and proof that this occurred before they can make this claim, as this is a strong claim that can ruin a lawyer’s reputation.
- The lawyer already claimed that they had a fiduciary duty to their client and they had their trust in mind
- The lawyer violated their trust and acted irresponsibly on behalf of their client
- The client was legally punished as a rest of the fiduciary duty being broken, such as having to pay fines, recognize damage, or pay for grievances that they otherwise would not have had to pay
- The lawyer’s breach of the fiduciary duty was recognized by the law
What is the breach of fiduciary duty attorney rules?
Lastly, let’s look at the fiduciary breach when it comes to an attorney and what they are pledging to their clients when they take this oath. Typically, the lawyer will include the following when they are claiming fiduciary duty to their clients
- The lawyer has a duty to keep the confidentiality of the client
- The lawyer must act in the best interest of their client
- The lawyer must have loyalty only to their own client
- The lawyer must carefully handle legal matters and documents, such as important legal papers regarding their court case
- The lawyer must only charge the client a fee that is representative of the services they are asking for and providing
Conclusion
Although the breach of fiduciary duty can seem confusing, an attorney is responsible for keeping a client’s secrets and acting in their best interest. If you find that the person who has been entrusted to help you with your legal case is not acting with your best interest, this means that you’re dealing with a breach of fiduciary duty with your current attorney.
