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.