23 December

What Does My Lawyer’s Fiduciary Duty Require?

Reviewed by Legal Malpractice and Serious Personal Injury Attorney, Ross Sears.

When you hire a lawyer to represent you, you are placing your trust in them to act in your best interests — this is known as your lawyer’s fiduciary duty.

The fiduciary duty of care requires that your lawyer always act with your best interests in mind over their own, and exercise the utmost care and diligence in representing you. This includes making sure that you are fully informed about all aspects of your case and giving you honest legal advice throughout the entire process.

Your lawyer must also keep any information about your case confidential unless you give them permission to share it with others. A breach of this duty can have serious consequences for both the lawyer and their client.

A lawyer’s fiduciary duty is required by law to be upheld, and if your attorney fails to do so, the Texas legal malpractice attorneys at Sears Crawford are here to help. They’re also here to give you a breakdown of some of your lawyer’s fiduciary obligations to you and provide insight into what you can do if you feel your lawyer has failed to meet these obligations.

What are a lawyer’s fiduciary obligations to his/her client?

As we previously stated in the simplest terms, a lawyer’s fiduciary duty is to act in their client’s best interests at all times. This includes making decisions on behalf of the client, providing honest and accurate advice, keeping the client’s information confidential, and avoiding conflicts of interest.

So, what does fiduciary responsibility require? Your lawyer must also be diligent in their work and make sure that all aspects of the case are properly investigated and presented. Additionally, the lawyer must ensure that all legal processes are followed correctly, including filing court documents and making sure deadlines are met.

What are examples of fiduciary responsibilities?

Examples of your lawyer’s fiduciary responsibilities to you include:

Loyalty

Your lawyer must be loyal to you, putting your interests ahead of their own. For example, they may not accept any gifts or payments from third parties connected with your case without your knowledge or accept cases that would pose a conflict of interest in your case while representing you.

Competence

Your lawyer must provide competent legal advice and services. This includes having adequate knowledge and skill in the areas of law relevant to your case, as well as staying up-to-date on any changes in the law.

Communication

Your lawyer must keep you informed of any developments pertaining to your case and respond promptly to all inquiries in a timely manner.

Confidentiality

Your lawyer must keep all information related to your case confidential. This includes not discussing your case with anyone outside of the lawyer-client relationship unless you give explicit permission to do so.

Reasonable fees

Your lawyer must charge reasonable fees for their services and keep you informed about how much their services are costing you.

If you believe that your lawyer has failed to meet any of the fiduciary obligations listed above, you should contact a skilled Houston breach of fiduciary duty attorney and discuss your concerns. If your lawyer has indeed breached their duty, you may also report any unethical behavior to the appropriate legal authorities in your jurisdiction in addition to filing a lawsuit.

What constitutes a breach of fiduciary duty?

At Sears Crawford, we know that there is no shortage of reasons to file a complaint against an attorney. While there are many ways a lawyer can harm their clients, whether intentionally or unintentionally, breaching their fiduciary duty to you is one that should be taken seriously and acted upon immediately.

A lawyer may breach their fiduciary duty to you if they:

Provide incorrect or incomplete legal advice
Fail to keep your information confidential
Put their own interests ahead of yours
Engage in conduct that is not in your best interests
Do not act diligently and competently on your behalf

If you are unsure if your attorney has breached their fiduciary duty to you, it is wise to get a second opinion. An experienced legal malpractice lawyer can help you investigate the situation and determine what steps should be taken next. Contact a legal malpractice lawyer from Sears Crawford today if you believe that your lawyer has breached their fiduciary duty of care while representing you.

How to prove a breach of fiduciary duty

In order to prove that your lawyer has breached their fiduciary duty, you must demonstrate that the lawyer did not act in accordance with their professional obligations. Depending on the facts of your case, this may require gathering evidence such as emails, text messages, witness testimony, and other documents to support your allegations.

It can be challenging to prove a breach of fiduciary duty, so it is important to hire an attorney who understands the nuances of how to sue a lawyer and has a track record of successfully doing so. We know hiring another lawyer might be the last thing on your mind, but a good legal malpractice attorney can help you build a strong case and ensure that your rights are protected this time around.

Think you may have a legal malpractice case? You need Sears Crawford.

By understanding the fiduciary obligations that your lawyer owes to you, you can be better prepared to take action if they fail to meet these responsibilities. Understanding what a lawyer’s fiduciary duties are and how to identify a breach of these duties is key in protecting your rights during any legal proceedings.

If you suspect that your lawyer has breached their fiduciary duty of care, contact Ross Sears II, an experienced legal malpractice attorney in Texas, today. He has been suing lawyers that have breached their duty in legal malpractice cases for almost 30 years, and he can help you take the appropriate steps to protect yourself.

Get in touch with Ross Sears today by calling (713) 223-3333 or contact us online to schedule a free consultation to learn more about how he can help you.

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