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 is involved, the courts might scrutinize the records of transactions to make sure each one is handled with honesty.
A lawyer should be able to provide the best services possible and must practice the highest standards of integrity. As long as the attorney is qualified to handle the case for which he or she is hired, fiduciary responsibility should not be a problem.
However, if an attorney mishandles a client’s finances through negligence or neglect, this is considered a form of legal malpractice. If the attorney handles a client’s finances dishonestly, this is not only legal malpractice, but it is also criminal theft.
As you can tell from this recent article in the St. Louis Post-Dispatch, a trusted attorney stole money from his own clients. This is one example of why it is extremely important to choose your attorney wisely. Even experienced professionals can be dishonest.
According to the article, “A disbarred lawyer who once had an office in Brentwood pleaded guilty to two federal mail fraud charges Wednesday and admitted stealing more than $300,000 from clients. Steven P. Gartenberg was appointed guardian of a St. Louis County woman who was incapable of handling her own finances. Two years later, he was removed and later accused of making more than $200,000 in unapproved withdrawals.”
This particular instance illustrates an extreme case of breach of fiduciary responsibility. In this particular case, Gartenberg faces prison time and must repay the damages. However, if you suspect your attorney of mishandling your finances, you have options.
The best course of action is to find an attorney who specializes in legal malpractice. Your legal malpractice attorney will be able to analyze your case to determine what recourse you may have. You may be entitled to settlement damages.
The Meehan Law Firm is one of a select few firms in St. Louis that takes on legal malpractice cases. Our client list ranges from individuals who have lost their civil litigation or personal injury cases because of their lawyer’s carelessness or mismanagement, to the corporations whose in-house counsel did not or does not represent the best interests and wishes of the company.
For more information about your options in a case of legal malpractice in St. Louis, Springfield, Branson, Cape Girardeau, Mexico, Jefferson City or Illinois, contact an attorney at the Meehan Law Firm for a free consultation.
Sources:
http://definitions.uslegal.com/b/breach-of-fiduciary-duty
http://legal-dictionary.thefreedictionary.com/Breach+of+fiduciary+responsibility
http://www.stltoday.com/news/local/crime-and-courts/article_a0ad24f8-91e9-11e0-9d5f-0019bb30f31a.html