A fiduciary relationship exists when one party owes obligations to the other that are based on a level of trust. Often, the fiduciary is a professional on whom the other party relies for guidance and advice. Examples of fiduciaries include real estate agents or brokers, stockbrokers, financial advisors and money managers, insurance agents, attorneys and accountants. Additionally, corporations owe fiduciary duties to shareholders, and partners in business owe fiduciary duties to one another.
Breach of fiduciary duty can be costly to the aggrieved party. As a consequence, a wide range of legal and equitable remedies are available in a breach of fiduciary duty lawsuit. Likewise, the exposure of the party allegedly in breach can be considerable. If you are potentially a plaintiff or defendant in a breach of fiduciary duty lawsuit, contact the law firm of King & Jones. Our lawyers have decades of experience handling breach of fiduciary duty cases in Chicago and nationwide. You can count on King & Jones to represent your interests and work to achieve a satisfactory resolution regarding a breach of fiduciary duty claim.
Fiduciary duties typically arise in a professional or contractual relationship, where one party relies on the superior knowledge or expertise of the other, or where both parties owe reciprocal duties of trust to one another. Common fiduciary duties include:
Consider the following examples, which might help explain the nature of the fiduciary relationship:
Breach of fiduciary duty could form the basis of a malpractice lawsuit or complaint against a lawyer, accountant or other professionals, but there are other breaches or misconduct that could give rise to a malpractice complaint as well. As experienced business litigators who handle breach of fiduciary matters as well as cases alleging legal malpractice or accounting malpractice, the attorneys at King & Jones are equipped to analyze your dispute and determine the appropriate steps to take.
Even when the fiduciary relationship is based on a contractual relationship between the parties, the wronged party can recover money damages as in a business tort as opposed to a breach of contract claim. Depending on state law in the jurisdiction governing the dispute, punitive or exemplary damages might be available as well. Tort damages are often considerably higher than contract damages, raising the stakes for both plaintiff and defendant.
Equitable relief might also be appropriate in a breach of fiduciary duty matter. Equitable remedies can include, for example, rescission or avoidance of a contract, disgorgement of profits, forfeiture of fees, injunctions, reformation of contract terms, or imposition of a constructive trust on a piece of property at the center of a dispute. Judges generally have broad authority to fashion an equitable remedy they deem just in the given circumstances.
“Peter King and his firm, Canel, King & Jones, have represented me and several of my corporate entities for over thirty years. They are experienced litigators who fight aggressively to achieve the best possible outcome and protect their clients’ business interests. Their area of expertise is not limited to litigating partnership disputes, breach of contract, breach of fiduciary duty, fraud or corporate opportunity disputes. They are litigators and trial lawyers who are dedicated to aggressively fighting for the client. They know litigation is not about them, but about achieving the best outcome and they know how to do it.” – Allan Leving
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If you find yourself on either side of a dispute involving an alleged breach of fiduciary duty, don’t delay in talking to a skilled and knowledgeable Chicago breach of fiduciary duty lawyer who can advise you on how to handle the situation and represent you in any legal proceedings. In Chicago or nationwide, call the law firm of King & Jones at 312-372-4142.