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Breach of Fiduciary Duty

Home  >  Breach of Fiduciary Duty

When someone you trust with your finances, business, or family assets puts their own interests first, the sense of betrayal is matched only by the financial harm you can suffer. This is the core of a breach of fiduciary duty claim.

In California, a fiduciary—such as a business partner, trustee, or corporate officer—has a legal obligation to act with undivided loyalty and competence on your behalf. When they fail, the law provides a powerful path to hold them accountable and recover your losses.

Breach of fiduciary duty lawsuits are fact-intensive cases. You will need to prove that the fiduciary was negligent or that they engaged in misconduct, placing their own interest ahead of the beneficiary's. These disputes often arise between family members or close business partners, adding a layer of personal and emotional complexity.

Whether you are a fiduciary or someone alleging misconduct by someone you have trusted, you need immediate legal help. The Law Office of Parag L. Amin, P.C., has experience in this area of law and can provide you with valuable guidance and legal support to help protect your rights and interests.

You can consult a Los Angeles business lawyer experienced in breach of fiduciary duty by calling our office today at (213) 293-7881 to learn more about your case and your legal rights. If you try to deal with these matters independently, you may find yourself in an even worse financial position.

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What Is a Fiduciary Duty?

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A fiduciary duty is a legal obligation that requires one party to act in the best interest of another. The person who owes the duty is called the “fiduciary,” and the person to whom someone owes the duty is the “principal” or “beneficiary.” This relationship depends on trust, confidence, and reliance, and it commonly arises in contexts such as business partnerships, trustee-beneficiary arrangements, corporate governance, legal representation, and financial advising.

Typically, someone who has less information and skill is placing their trust in someone else. The fiduciary can obtain their position by virtue of their experience or the trust that another family member places in them (such as when a family member designates them as the personal representative of an estate). Other beneficiaries are personally affected by the fiduciary’s actions.

At the core of fiduciary duty is the principle that the fiduciary must put the principal’s interests ahead of their own. These responsibilities include avoiding conflicts of interest, fully disclosing material information, and refraining from actions that may harm the principal. Fiduciaries must act with loyalty, honesty, good faith, and due care.

There are generally two primary components to a fiduciary duty: the duty of loyalty and the duty of care. Loyalty requires the fiduciary to avoid self-dealing or taking advantage of their position. The duty of care requires the fiduciary to make informed, prudent decisions with diligence and competence.

When a fiduciary breaches this duty—by acting in bad faith, being negligent, or engaging in self-serving behavior—they can be legally accountable. Courts may order damages, restitution, or other remedies depending on the harm caused.

Because fiduciary duties involve a high standard of accountability, they play a vital role in maintaining ethical standards and trust in professional and financial relationships. Whether a trustee manages assets for a beneficiary or a corporate officer makes decisions for a company, fiduciary duties ensure that those in positions of power must act with integrity and prioritize the interests of those they serve.

Common Examples of Fiduciary Relationships

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Fiduciary relationships arise in many professional and legal contexts where trust and reliance are central. One of the most common examples is the relationship between a trustee and a beneficiary. A trustee managing assets in a trust must act in the beneficiary's best interests, making prudent financial decisions and avoiding conflicts of interest.

Another typical fiduciary relationship exists between attorneys and their clients. Lawyers must legally and ethically act in their clients’ best interests, maintain confidentiality, and provide competent representation. Not only do they have to follow the rules of their own profession, but they must also observe their fiduciary duties.

In the corporate world, company directors and officers owe fiduciary duties to shareholders. They must act with loyalty and care, avoid self-dealing, and always prioritize the company's and shareholders' interests.

Financial advisors and investment managers also have fiduciary duties to their clients, especially when they manage retirement accounts or provide personalized financial advice.

Additionally, agents and principals—such as real estate agents working for clients—must act in good faith and disclose material information.

Finally, guardians and conservators who manage the affairs of minors or incapacitated adults have a fiduciary obligation to protect those individuals' interests and assets.

In each of these relationships, the fiduciary must adhere to a high legal standard of honesty, loyalty, and responsibility.

What Constitutes a Breach of Fiduciary Duty?

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A breach of fiduciary duty occurs when a fiduciary fails to uphold their legal and ethical responsibilities to act in the best interests of the party they represent. This breach can take many forms, but it generally involves a violation of the duty of loyalty, the duty of care, or both.

One common breach is self-dealing, where the fiduciary benefits personally from a transaction involving the principal’s assets without full disclosure or consent. For instance, a trustee might use trust assets to invest in a personal business venture, which creates an apparent conflict of interest.

Another example is misappropriation or misuse of funds, where the fiduciary improperly uses money or property that someone entrusted to them.

A fiduciary must manage affairs with the care and competence a reasonably prudent person would use. Making uninformed, reckless investment decisions or failing to perform basic duties can breach this duty of care.

A fiduciary may also breach their duty by failing to disclose conflicts of interest, withholding material information, or acting in bad faith. Even if no financial loss results, the mere act of placing personal interests above those of the principal can lead to legal consequences.

When a breach occurs, the injured party may pursue legal action to seek remedies such as monetary damages, the return of misappropriated funds, or the removal of the fiduciary from their role. Courts take breaches seriously due to the high level of trust in these relationships.

What Are the Legal Elements of a Breach of Fiduciary Duty Claim?

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A plaintiff must prove several legal elements to succeed in a breach of fiduciary duty claim. While the exact requirements can vary slightly depending on the jurisdiction, the following four elements are generally essential:

  • Existence of a fiduciary relationship: The plaintiff must first establish the existence of a fiduciary relationship. They need to show that the defendant had a legal obligation to act in the plaintiff’s best interests. Examples include attorney-client, trustee-beneficiary, business partners, or corporate officers and shareholders.
  • Breach of duty: Once the plaintiff establishes the fiduciary relationship, they must demonstrate that the fiduciary breached one or more duties, such as the duty of loyalty, duty of care, or duty of good faith. These violations include acts such as self-dealing, negligence, fraud, or failing to disclose a conflict of interest.
  • Causation: The plaintiff must show that the breach of duty directly caused harm by establishing a clear connection between the fiduciary’s misconduct and the damage suffered by the plaintiff.
  • Damages: Finally, the plaintiff must prove that they suffered actual harm or financial loss due to the breach. These damages include lost profits, diminished trust assets, or other quantifiable injuries.

Suppose the plaintiff can successfully prove these elements in court. In that case, the plaintiff may have the legal right to remedies such as compensatory damages, equitable relief, or even punitive damages in cases of willful misconduct. Legal guidance is often essential in building a strong claim.

Damages in a Breach of Fiduciary Duty Case

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In a breach of fiduciary duty case, the injured party may have the legal right to various forms of damages, depending on the nature and severity of the breach. The goal of these damages is to compensate the victim for losses caused by the fiduciary’s misconduct and, in some cases, to deter future wrongdoing.

  • Compensatory damages - These are the most common and should restore the plaintiff to the financial position they would have been in had the breach not occurred. Damages may include lost profits, business opportunities, or a decline in the value of the trust or corporate assets.
  • Punitive damages - A court may award these damages in cases involving fraud, malice, or gross misconduct to punish the fiduciary and discourage similar behavior by others. These damages are not tied directly to the plaintiff’s loss but reflect the seriousness of the breach.
  • Equitable remedies are also available and may include actions such as disgorgement of the fiduciary's wrongfully gained profits, rescission of a contract, or an injunction preventing further harm.

Because fiduciary relationships involve significant trust, courts take breaches seriously. However, calculating damages can be complex, especially when the breach involves indirect or long-term financial harm. Retaining legal counsel is often essential in determining the appropriate remedy.

When You Should Hire a Breach of Fiduciary Duty Lawyer

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Hiring a Los Angeles breach of fiduciary duty lawyer from the Law Office of Parag L. Amin is crucial when you suspect that someone entrusted with your interests, such as a trustee, business partner, attorney, or corporate officer, has violated their duties.

If you notice signs of misconduct, such as unexplained financial losses, lack of transparency, conflicts of interest, or misuse of funds, consulting our experienced business litigation attorneys early can protect your rights and assets.

A breach of fiduciary duty case often involves complex legal and financial issues. The Law Office of Parag L. Amin, P.C. can help investigate the facts, gather evidence, and determine whether a breach has occurred. They can also explain your legal options, including negotiating a settlement or pursuing litigation.

Moreover, fiduciary duty claims typically require strict proof of the relationship, breach, causation, and damages, making legal experience essential. An attorney can navigate procedural requirements, file appropriate claims, and advocate aggressively on your behalf.

Hiring a Los Angeles breach of fiduciary duty lawyer promptly can prevent further harm and increase the chances of recovering damages or other remedies. Whether dealing with a business dispute, estate matter, or professional misconduct, legal counsel is key to protecting your interests and holding fiduciaries accountable.

The circumstances can be dire if someone has accused you of breaching your fiduciary duties. You may even have to pay damages from your pocket. Hopefully, you have already hired a breach of fiduciary duty attorney ahead of time to ensure you comply with your obligations. If not, you should retain a business lawyer immediately if you find yourself facing misconduct accusations. The hope is that a breach of fiduciary attorney can proactively work to resolve the matter before it becomes a lawsuit, where you will take on an immense amount of personal risk.

How Can a Breach of Fiduciary Duty Attorney Help You?

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A breach of fiduciary duty attorney plays a vital role in protecting your rights and interests when someone entrusted with your affairs fails to act responsibly. First, an experienced lawyer can thoroughly investigate the situation to determine if a breach has occurred, reviewing contracts, financial records, and communications to gather crucial evidence.

They can explain the complex legal standards in fiduciary duty claims and assess the strength of your case. If appropriate, your attorney will guide you through negotiating a settlement or pursuing litigation to seek compensation and other remedies.

Our Los Angeles breach of fiduciary duty lawyers at the Law Office of Parag L. Amin, P.C.  also handle all procedural aspects of the case, including drafting pleadings, filing claims, and representing you in court or mediation. They ensure your case meets strict legal requirements and deadlines, increasing the likelihood of a successful outcome.

Frequently Asked Questions About Fiduciary Duty Claims

How long do I have to file a breach of fiduciary duty claim in Los Angeles?

The statute of limitations for breach of fiduciary duty in California is typically four years. However, the discovery rule may apply, meaning the clock starts when you discovered or should have discovered the breach. It is critical to consult an attorney immediately to protect your rights.

What is the difference between breach of contract and breach of fiduciary duty?

A breach of contract occurs when a party fails to perform a specific promise in an agreement. A breach of fiduciary duty violates a relationship of trust, where one party has a legal obligation to act in the other's best interests. The duties of a fiduciary often go beyond what is written in a contract.

Can I recover punitive damages in a fiduciary duty case?

Yes, in some cases. If you can prove with clear and convincing evidence that the fiduciary acted with malice, oppression, or fraud, a California court may award punitive damages to punish the wrongdoer and deter future misconduct.

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Parag L. Amin, attorney for breach of fiduciary duty in Los Angeles
Parag L. Amin, Breach of Fiduciary Duty Lawyer in LA

Additionally, the attorney can help you recover damages, including financial losses, punitive damages, or equitable remedies like disgorgement of profits. They can also seek injunctive relief to prevent ongoing or future harm.

By having a knowledgeable business litigation attorney by your side, you know they will protect your rights and work towards a favorable outcome in your case.

Call the Law Office of Parag L. Amin, P.C. today at (213) 293-7881 and let us fight for you.

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Table Of Contents

  • What Is a Fiduciary Duty?
  • Common Examples of Fiduciary Relationships
  • What Constitutes a Breach of Fiduciary Duty?
  • What Are the Legal Elements of a Breach of Fiduciary Duty Claim?
  • Damages in a Breach of Fiduciary Duty Case
  • When You Should Hire a Breach of Fiduciary Duty Lawyer
  • How Can a Breach of Fiduciary Duty Attorney Help You?
  • Frequently Asked Questions About Fiduciary Duty Claims
  • Call A Los Angeles Business Attorney Today

 

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