Breach of Fiduciary Duty

Breach of Fiduciary Duty- Making Decisions With The Best Interest!

Fiduciaries, such as attorneys, accountants, and even trustees, generally have a financial or legal obligation to some other individual or party. When fiduciaries fail to fulfill their obligations in this role, they can be sued for breach of fiduciary duty and potentially be liable for damages.

Whether you are a fiduciary or someone with a relationship with a fiduciary, we are here to help. At Nathan Law PLLC, we offer services that benefit and protect your interests.

What is a Fiduciary Duty?

A fiduciary duty is an obligation to behave in the best interest of another, whether an entity or an individual. An attorney, counselor, agent, or other professional may occasionally owe a fiduciary duty to the entity or individual they are representing. A company’s leadership and the business itself may also be affected, as well as the relationships between business partners.

A representative operating in a fiduciary role is required to continuously operate in the best interest of one’s client or fiduciary and to do so with competence. A fiduciary obligation is broken when the representative fails to uphold a standard of care.

In the corporate world, the possible fiduciary relationships where a breach may occur may include the following:

• • An entity against its clients;
  • Leadership against the entity, its owners, shareholders, or employees; or
  • Employees against the entity

Elements in a Breach of Fiduciary Duty Claim:

• • Breach: The fiduciary acts in a manner that goes against your wishes.
  • Causation: It is crucial to show how the fiduciary’s actions caused those damages.
  • Duty: When considering a breach, you need to show that the fiduciary duty was present and a breach occurred.
  • Damages: You need to show that the breach of duty that the fiduciary did caused damages.

Two Main Duties of a Fiduciary:

• • Loyalty: The fiduciary acts in the interests of the beneficiary or those hiring them.
  • Care: This means the fiduciary obligates to take care of the responsibilities on behalf of the beneficiary.

What To Do When The Breach of a Fiduciary Happens?

A breach of a fiduciary duty may be a severe offense. If you are a victim of a breach of a fiduciary duty, we can help. At Nathan Law, PLLC, we serve clients throughout the Dallas-Fort Worth metroplex. Contact us at 214-915-8226 for your initial consultation with our Dallas probate attorney.