Strong Representation For Fiduciary Duty Disputes
A fiduciary is someone you should be able to engage in a trustworthy relationship with. However, not all who claim to be fiduciaries act in good faith. When that happens, the party relying on the fiduciary’s services can suffer significant losses. On the other hand, if you are a fiduciary and face accusations of wrongdoing, you could endure substantial penalties.
At The Sterling Law Group, A P.C., we understand how stressful and contentious fiduciary breach claims can be. Our lawyers can help you pursue or defend against damages in these types of disputes.
What Constitutes A Fiduciary Relationship?
A fiduciary relationship is one where the person promises to keep your best interests in mind or has a legal requirement to act as a fiduciary. A few examples of relationships that include fiduciary obligations include:
- Joint ventures
- Professional partnerships
- Investment advisor/client relationships
- Attorney/client relationships
- Corporate officer/director relationships
- Shareholder relationships
If you have questions about your relationship and the fiduciary responsibilities involved, speak with one of our attorneys by calling 916-727-6904.
What Obligations Do Fiduciaries Have To You?
Depending on the type of relationship you’re involved in, fiduciary obligations can include the duty of:
- Undivided loyalty
- Fully, fairly and thoroughly disclosing all known material facts concerning a transaction
- Complete confidentiality
- Adherence to instructions
- Elevating your interests over their own
Your fiduciary should be able to uphold these duties without hesitation. If they don’t, pursuing legal action can be a viable option.
What Actions Count As A ‘Breach Of Duty’?
A fiduciary breach happens when someone violates any of the above-described responsibilities or fails to act in your best interests. The elements of a fiduciary duty breach include:
- The existence of a fiduciary duty
- Breach of that duty on the part of the fiduciary
- Damage resulting from the breach
Our team of lawyers can identify when someone has breached their fiduciary duty. Whether you’re filing a claim or facing accusations, we can help you understand what behaviors constitute a violation.
Examples Of Fiduciary Duty Breaches
In the context of partnerships, trusts and trustees, a breach can include:
- Mismanaging partnership businesses or trust investments
- Mixing partnership or trust assets with the personal assets of the fiduciary
- Concealing vital information from partners or beneficiaries
- Failing to disclose conflicts of interest
- Self-dealing at the expense of the partnership and/or trust
The nuances and complexities of these situations can it difficult to know whether or not violations occurred. Our attorneys can review your circumstances and help you understand you or your partner’s fiduciary obligations.
Facing Conflicts Over Fiduciary Obligations? Call Us.
The Sterling Law Group, A P.C., has successfully defended and pursued fiduciary duty breach cases in California. If you suffered from a breach of fiduciary duty or face breach claims by others, we can evaluate your situation and help you confidently navigate your dispute. Fill out our contact form to set up a free consultation.