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

The Meehan Law Firm was instrumental in bringing this matter to the attention of the Office of Chief Disciplinary Counsel, and they asked him to serve as a trustee in an attempt to procure the files and match them up with the former clients.
There is a fear that there may be dozens of still open claims that need to be pursued, but the clients are either unaware that McKee has been disbarred, or they cannot obtain their files.  There is also a concern that there may be other victims of Mr. McKee’s misappropriation of client funds.

If you think you have been a victim of Jonathan McKee, or you have an existing case pending with his office and have not heard from Mr. McKee, please contact the Meehan Law Firm for further assistance at (314) 725-9994.

1. Time Limits
The law requires you to pursue legal actions as soon as possible. By waiting too long, you might reach the statute of limitations on your case. If you have an injury that you think might be medical malpractice, you should contact a lawyer right away. Even if you are not positive you will be pursuing a claim, you should still consult an attorney to find out what you might be able to do to ensure any future lawsuit will meet the statute of limitations.

The time limit for filing a lawsuit may vary among different courts. For example, various courts might say the time limit begins to run:

• upon the occurrence of the act or omission the plaintiff claims constituted malpractice.
• when the act or omission results in injury.
• when the plaintiff discovered or should have discovered he or she was injured.
• when the treatment concludes.

2. Proving Fault
There are several ways to determine legal liability in a medical malpractice case.

To prove negligence, the plaintiff must show: a duty owed to the plaintiff by the responsible party; a breach of duty from the expected care; that a deviation from the expected care is related to the patient’s injury; and injury to the patient. Negligence can also occur related to prescription medicine or medical devices.

A doctor typically won’t promise specific results from a treatment. If they do make such claims, and the results are not what was promised, or the patient is not satisfied with the procedure, a patient can claim breach of contract.

A patient should be provided with all of the risks involved in a medical procedure or use of a medical device or medicine. The patient should also give written consent before a course of treatment is pursued. If this does not occur, this is considered failure to give consent.

3. Responsible Parties
Medical malpractice lawsuits are not necessarily limited to the negligence of medical doctors. It can also apply to:

• nurses
• anesthesiologists
• healthcare facilities
• pharmaceutical companies
• medical device manufacturers
• others that provide health care services

Determining all the parties at fault in your medical malpractice case can be an arduous task, but an experienced personal injury attorney will be able to assist you.

Medical malpractice suits are the most difficult personal injury cases to pursue, and can be expensive to prosecute. The personal injury lawyers of the Meehan Law Firm in St. Louis, Missouri have access to medical experts who can review your situation and provide you with their opinion as to whether or not you have a potentially successful case against a doctor or hospital.

Sources:

http://injury.findlaw.com/medical-malpractice/medical-malpractice-law-faq/

http://injury.findlaw.com/medical-malpractice/medical-malpractice-law-overview/medical-malpractice-law-limitations.html

http://injury.findlaw.com/medical-malpractice/medical-malpractice-law-overview/medical-malpractice-law-negligence.html

http://injury.findlaw.com/medical-malpractice/medical-malpractice-law-overview/medical-malpractice-law-sue%281%29.html