![]() It is not enough to prove a fiduciary exists – your attorney will also show that a breach of fiduciary duty occurred. ![]() 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. Your attorney must prove that a fiduciary duty existed. 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: NAVIGATING CALIFORNIA BREACH OF FIDUCIARY DUTY CLAIMSĪs 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. 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. 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. Other breaches of fiduciary duty are less obvious and may include a failure to identify or disclose a conflict of interest. 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. Actions that breach fiduciary duty may promote the fiduciary’s own interests, such as an Executor misrepresenting real estate for personal gain. Fiduciary duty is this legal duty, as owed by an attorney, executor, or representative.Ĭall Us Today (714) 667-7171 DEDICATED TO EXCELLENT SERVICE FOR VARIOUS LITIGATION MATTERS WHAT IS A BREACH OF FIDUCIARY DUTY?īreach 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. 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. In each of these examples, the fiduciary has entered into a relationship with you that obligates them to act in your best interest.
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