What is a breach of fiduciary duty?

When attorneys take on the case of a client, they pledge to act in the best interest of that client during the term of the case. It is an unspoken obligation and responsibility to the client to uphold their trust and perform in the best possible way to achieve an optimum outcome in the case. If you have hired an attorney, you should also be able to expect that your representative will act in your best interest. However, there are situations where an attorney may break this trust with a client, which may be terms for a legal malpractice case.

Fiduciary obligations are involved when an attorney/client relationship involves confidence and trust that the attorney will use his or her expertise and discretion when dealing with your case. This includes a duty of care, loyalty, confidentiality, full disclosure and acting in good faith. The attorney may fail to provide this service by acting in a way that adversely affects your situation or acts in a way that benefits his or her situation rather than your legal case. This is referred to as breach of fiduciary duty.

If you feel as though your attorney has broken this trust, released your confidential information, lied or acted in another way that affected your case, you may be able to file a case for breach of fiduciary duty in California. You may be able to receive compensation and another verdict in your case that was affected.

This information is intended to educate and should not be taken as legal advice.