Legal Malpractice: Fiduciary Responsibility
When a client hires an attorney, it becomes the attorney’s duty to act in the client’s best interest. Part of this responsibility could involve managing finances. Fiduciary obligation (or fiduciary duty) arises when there is a certain trust in an attorney to act on behalf of the client and to act as though it were benefiting the attorney (fiduciary) personally. Assets don’t necessarily have to be money, and might be property, real estate or anything else worth money. Often, if an attorney acting as a fiduciary...
Read MoreLegal Malpractice Lawsuit FAQs from FindLaw
Can I initiate a legal malpractice lawsuit if my lawyer failed to file paperwork on time? It is difficult to win a legal malpractice lawsuit. A client will need to establish several factors in order to prevail. The most common type of legal malpractice occurs because of negligence, the breach of a fiduciary duty, or a breach of contract. Learn more by reading: Legal Malpractice Lawsuit FAQs –...
Read MoreLegal Malpractice: What to Do If You Can’t Reach Your Lawyer
When you can’t get in touch with your lawyer, it’s difficult to know when to be patient and when to take action. In fact, poor communication is one of the most common complaints filed with state bar associations. Unfortunately, there is no clear and easy solution to the problem. Correspondence: What Are My Lawyer’s Duties to Me? Lawyers handle many cases at a time, and the speed of replies isn’t always an indicator of a lawyer’s skill. In general, your lawyers should provide you with an explanation and overview...
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