A Lawyer Must be Held Accountable When He Breaches His Fiduciary Duties

By Thomas Greer | December 1, 2013

It may be difficult to face the reality that the attorney whom you trusted to fight for your rights and interests has betrayed that obligation, but this type of betrayal happens every day in the United States.  There are times when it truly is a mistake without true malice.  However, regardless of how it happened, you need to take immediate actions to correct the wrong that was done to you, including retaining an attorney who specializes in legal malpractice.

A breach of fiduciary duty claim is based on the special relationship that exists between an attorney and his client.  The attorney has the duty to act at the highest level of good faith.  Some argue that an attorney is supposed to put the interests of the client above all else, including the interests of the attorney.  There is some question of how a court will treat a breach of fiduciary duty claim because it arises out of the same set of facts that form the basis of the legal malpractice claim.  It is imperative to have a skilled legal malpractice firm that understands the nuances of filing a breach of fiduciary duty claim.

Even good lawyers can face situations where they breach their fiduciary duties without intending to do harm to their clients.  An example of an unintentional breach of fiduciary might be an attorney who is zealously advocating on behalf of his client and receives a settlement offer with a time limit to accept.  As the attorney works on behalf of the client with the settlement offer, as well as others, he neglects to reach out to the client to determine if the client wants to accept the offer.  As the deadline approaches, the attorney tries and fails to discuss the offer with his client.  The attorney has practiced law for many years and knows that this is a very reasonable offer and he accepts it on behalf of his client.  The client is very happy when he learns about the settlement amount, but the attorney is still in breach of his fiduciary obligation to his client.  The issue becomes whether or not the client suffered monetary loss as a result of the breach.

If a client succeeds in proving that his former attorney breached a fiduciary duty, he can recover economic damages, which might include:

  • A turnover, or disgorgement, of any profits or other property that the attorney may have received as a result of the breach of fiduciary duty;
  • Compensation for any earnings that the plaintiff would have made but for the breach;
  • Any damages that resulted from the plaintiff being liable to a third person as a result of the attorney’s breach; and
  • Any other damages that were the result of the attorney’s breach.

Breach of fiduciary duty is one of several causes of action to hold an attorney accountable for the harm done to a client, including legal malpractice and breach of contract.  Pleading the right elements requires an experienced attorney such as those at the law firm of Bailey & Greer.

If you placed your trust in a lawyer to represent your interests and advocate on your behalf and now find yourself harmed as a result of that attorney’s actions, it is critical to find the right attorney to undo the wrongs that were done.  The skilled and compassionate attorneys at Bailey & Greer, PLLC understand the nuances of bringing an action to redress lawyer error.  Our attorneys are ready to sit down and discuss your situation in a free and confidential consultation. Please call us at 901-680-9777 to schedule an appointment.  At Bailey & Greer, PLLC, we are small enough to care, big enough to fight, and experienced enough to win.

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