Whether you are a business owner or a private individual, you trust your attorney or other fiduciary to not only pursue your interests but accomplish the specific legal obligations you appointed them to complete. However, when a fiduciary fails to perform their expected obligations, they may be in breach of more than just their contract with you. If your attorney or fiduciary’s actions have caused damage to you, they may be in breach of their specific fiduciary duty.
If you have received damages as the result of a breach of contracted fiduciary duties, you need an attorney devoted to ensuring they are held accountable. At Blake & Ayaz, we are dedicated to the extremely high ethical standards demanded by the legal profession and remain vigilant in holding our fellow attorneys and appointed fiduciaries to those same standards. Our attorneys will help you determine which standards were broken by your former lawyer or fiduciary, their fiduciary duty to you, and navigate litigation and the process of recovering your damages.
Contact Blake & Ayaz today to discuss your case and request a no-cost consultation.
WHAT IS FIDUCIARY DUTY?
In legal terms, a fiduciary is any person – usually a professional individual – you have placed in a position of trust. The fiduciary holds a responsibility to act in your best interest and uphold the duties of their position. Common examples of a fiduciary include:
- Personal representatives
- Individuals acting under Powers of Attorney
In each of these examples, the fiduciary has entered into a relationship with you that obligates them to act in your best interest. There is to be no conflict of interest, as you have placed a high amount of trust and confidence in the fiduciary to act on your behalf when exercising their own expertise and influence. Fiduciary duty is this legal duty, as owed by an attorney, executor, or representative.
Our attorneys have a combined 60 years of
experience helping out businesses and individuals. Our multi-talented team can help you turn your business idea into a legally established company and represent you in any subsequent trademark, licensing, contract, labor, or compliance issues that arise.
Blake & Ayaz services clients in Santa Ana, Los
Angeles, San Diego and Orange County, and throughout California.
Call now at 714-364-1138 to schedule a consultation.
DEDICATED TO EXCELLENT SERVICE FOR VARIOUS LITIGATION MATTERS
WHAT IS A BREACH OF FIDUCIARY DUTY?
Breach of fiduciary duty occurs when your fiduciary fails to act in your best interests instead of acting in a manner that violates your fiduciary agreement or is even counterproductive to your interests. Actions that breach fiduciary duty may promote the fiduciary’s own interests, such as an Executor misrepresenting real estate for personal gain. Alternatively, a breach of fiduciary may result in promoting the interests of a third party, such as an attorney neglecting your case for a more high-profile case.
Other breaches of fiduciary duty are less obvious and may include a failure to identify or disclose a conflict of interest. Still others may involve withholding or neglect of crucial information that causes you to proceed with a misunderstanding, under false advice, or make misguided decisions that become costly and contrary to your best interests. Breaches of fiduciary duty can cause extensive financial and other assorted damages, and you will need the guidance of an Orange County breach of fiduciary duty attorney to determine your damages and navigate your case.
NAVIGATING CALIFORNIA BREACH OF FIDUCIARY DUTY CLAIMS
As with other states, California has set an explicit set of standards to help residents identify breaches of fiduciary duty and pursue compensation for their damages through the legal system. Appointing a trusted business law attorney to help you build your breach of fiduciary duty legal claim is essential, as you must prove that the following four elements exist in your case:
- Fiduciary duty. Your attorney must prove that a fiduciary duty existed. Depending on your situation and the specific type of fiduciary involved, this step will involve proving the legality of your fiduciary agreement, the terms set, and the specific responsibilities expected of the fiduciary.
- Breach of fiduciary duty. It is not enough to prove a fiduciary exists – your attorney will also show that a breach of fiduciary duty occurred. If a former attorney put a third party’s interests above your own, or an individual with a power of attorney unlawfully used your funds, your attorney must prove the incident undeniably occurred.
- Proof of damages. Even if a fiduciary wronged you in some way, your breach of fiduciary duty case is meaningless unless their actions caused you to incur damages. Your attorney will provide proof that you experienced financial, physical, or even emotional damages.
- Causation of damages. While you may have incurred damages and proven a breach of fiduciary duty also occurred, you will not receive compensation for your damages without proof they were caused by the breach in question. Your attorney must demonstrate proof that without the breach of fiduciary duty, you would not have experienced damages and that the breach directly caused the damages.
WE STRIVE FOR ACCOUNTABILITY
At Blake & Ayaz, we take our responsibility to thoroughly examine each element of your breach in fiduciary duty claim very seriously. Our success in navigating your claim directly corresponds with your ability to recover your damages and return to a life free from mistrust and violation. As the result of our efforts, we endeavor to ensure the individuals in breach of your fiduciary duty see consequences for their actions or inaction.
When you choose our firm to handle your California breach in fiduciary duty case, our primary goal is to extract you from the fiduciary relationship that has caused your damages. During litigation, we will pursue direct and indirect damages, coverage of our legal fees, and potentially additional financial penalties for the fiduciary. In addition, if relevant, our attorneys can help you pursue accreditation prohibition, licensure penalties, or other forms of removal from service to ensure the fiduciary cannot victimize another individual in the future.
CHOOSE AN EXPERIENCED ORANGE COUNTY BREACH OF FIDUCIARY DUTY LITIGATION ATTORNEY
If you or a loved one have recently experienced damages due to a breach of duty by a lawyer or other fiduciary, it is essential to choose an attorney who will actively pursue justice for you. With over 60 years of combined experience in Orange County business litigation, malpractice litigation, and more, Blake & Ayaz has the knowledge, resources, and connections necessary to ensure your fiduciary is held accountable. We can guide you through the complicated process necessary to prove each of the elements of a breach and pursue a litigation strategy designed to give you the best possible outcome regarding your damages.
To request more information about breach of fiduciary duty litigation, or to receive more guidance regarding your unique case via a no-cost consultation, contact Blake & Ayaz today.
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2107 North Broadway Suite 106
Santa Ana, CA 92706