Breach of Fiduciary Duty – An Overview
A fiduciary duty is the legal obligation to act in the best interest of another party. A fiduciary obligation exists when the relationship between the parties consists of special trust, reliance, and confidence on the fiduciary to exercise discretion and expertise when acting on behalf of the client. The fiduciary will need to knowingly accept this and a breach in fiduciary duty happens when the fiduciary acts contrary to the best interests of the client or acts for his or her own benefit. Clients are entitled to the best efforts of the fiduciary and fiduciaries must exercise care, diligence, and skill when acting on behalf of the client. If a party has breached their fiduciary duties to you, contact a well-versed business litigation law firm for support. The attorneys at Milligan, Beswick, Levine & Knox, LLP can help.
The attorneys at Milligan, Beswick, Levine & Knox, LLP are highly regarded in the field of business law. The firm has many years of experience representing clients involved in claims of fiduciary duty. With their experience, skills, and resources, the firm is uniquely equipped to help clients develop the best strategy in their case. Consider contacting the business law attorneys at Milligan, Beswick, Levine & Knox, LLP to schedule a complimentary consultation today.
What is a Fiduciary Relationship?
In 2017, the state Civil Jury Instructions defined a fiduciary duty as being a relationship between any two parties to a transaction wherein one of the entities is bound to act with utmost good faith for the benefit of the other. The California Jury Instructions also state that from the time the beneficiary places his or her confidence in the integrity of the party acting as a fiduciary, this party will then need to always act in the best interest of the beneficiary but never without his or her consent.
These relationships exist in a variety of job settings and industries. For instance, business owners who mutually share interests in the company and are said to be in a partnership or a joint venture, these partners have a duty to act in the best interests of one another. In fiduciary relationships, the beneficiary will depend on the other party, a person or private agency, to always make decisions for their benefit.
Identifying and Demonstrating a Breach of Fiduciary Duty Exists
A fiduciary relationship is far more intricate and complex than simply hiring another party to perform tasks. This is because these relationships usually consist of sharing sensitive data or information with the fiduciary, and there is an added level of reliance and faith implicit in a fiduciary relationship. Therefore, when a breach of fiduciary duty happens, the consequences are usually more complex than a simple breach of contract. Since there is an added component of trust and loyalty, an intentional breach can not only include compensatory damages for harm but also punitive damages under California law.
A Skilled Attorney Can Help You Resolve Complex Business Disputes
Under state law, it is possible to seek financial compensation for the damages caused by the breach of fiduciary duty and this violation can severely impact a business or livelihood. Since these cases are complex, it is important to consider speaking to an attorney who has experience in breach of fiduciary cases.
The trusted attorneys at Milligan, Beswick, Levine & Knox, LLP are exceptionally skilled in a variety of business litigation cases, including a breach of fiduciary duty. Call the firm today at (909) 894-0812 to schedule a no-obligation consultation.
Stephen Levine, is a Board Certified Specialist in Criminal Defense — an honor achieved by only the top criminal law attorneys in California. Mr. Levine has over 40 years of experience in criminal defense and family law serving Southern California, and is a highly regarded Super Lawyer as well as AV Rated attorney.