Buffington Law Firm, PC | Attorneys And Counselors at Law
Litigators For Your Business,
Real Estate, and Trust Disputes 714-450-6568
View Our Practice Areas

Do you have a breach of fiduciary duty case?

A fiduciary relationship could be created under the law, such as a contractual relationship between a principal and an agent, or an administrator and an heir. It could also be created by the relationship of the parties and the transaction that has occurred  for example, a business partnership.

When trust is broken in these relationships, it can be devastating both emotionally and financially. The duties of a fiduciary include loyalty. The law and individuals both assume the fiduciary will act with integrity toward the interests of the other party in the transaction. 

A breach of fiduciary duty occurs when the fiduciary exploits the relationship, typically for monetary gain. This might be an act of fraud, a breach of reasonable care or negligent misrepresentation. In any case, the fiduciary failed to meet expectations of trust.

You can take legal action against fiduciaries who have failed in their duties. However, you will need to establish three elements to recover damages, answering these questions before bringing a lawsuit: 

  1. Was there a fiduciary relationship and fiduciary duty?
  2. Was the duty breached?
  3. What damages resulted from the breach? 

If you lost profits because of the breach, it might be possible to recover these in a lawsuit. You may also recover the fees you paid to the fiduciary for services and any profits the fiduciary received. In certain cases, plaintiffs have received punitive damages for an especially egregious breach of fiduciary duty

If you believe you have been harmed in your business dealings, there could be a remedy. Before proceeding with a lawsuit, you may want to speak to an attorney who can help you make sure you have a case and find the best possible outcome. Because a fiduciary relationship is not always contractual, it can be different than breach of contract, but you still may have legal recourse. You should explore your options to protect your best interests. 

No Comments

Leave a comment
Comment Information
Email Us For A Response

Questions? Contact Us.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

VISA | Master Card | American Express

Buffington Law Firm, PC
8840 Warner Avenue Suite 300
Fountain Valley, CA 92708

Toll Free: 800-835-2447
Phone: 714-450-6568
Fax: 714-842-6134
Fountain Valley Estate Planning Office