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Tag Archives: breach of fiduciary duty

When is a Lawyer Liable for Breach of Fiduciary Duty to a Client?

By Robert Ross |

IS BREACH OF FIDUCIARY DUTY THE SAME AS LEGAL MALPRACTICE? Breach of fiduciary duty is not the same as legal malpractice or professional negligence. While both are legally recognized wrongs that fall within the scope of tort law, breach of fiduciary duty is a separate tort, with separate remedies, than those available for professional negligence. WHAT… Read More »

Lawyers and Breach of Fiduciary Duty

By Robert Ross |

In addition to malpractice (professional negligence) lawyers can be held liable to clients for “breach of fiduciary duty,” which is a separate (but often related) cause of action. The elements of the action for breach of fiduciary duty are: 1. The lawyer must owe (or have owed) a fiduciary duty to the plaintiff. 2. The… Read More »

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