Dallas Fiduciary Duty Litigation Lawyer
In certain business relationships, there are both implicit and explicit expectations and requirements for each participant in the relationship in order to provide value to all others involved. While many implicit expectations are customary, many others are legally-binding in order to fulfill the agreements and requirements of the professional relationship. One such legal requirement is known as “fiduciary duty,” which legally requires each party to act in good faith and to provide reasonable care for the benefit and wellbeing of the other party or parties involved in this relationship.
If you are involved in a relationship that has a fiduciary duty, and you and your partners either disagree on the requirements of this relationship, or someone involved in this relationship has failed at their duty, you will benefit greatly from the services of a fiduciary duty litigation lawyer. We will work with you to establish clear evidence that the fiduciary duty and responsibility have been breached or otherwise failed, establish clear proof of the associated damages, and build a strong case where we will be able to fight for a remedy that suits you.
Read more below to get a brief overview of some specifics about fiduciary duty litigation, and contact Wade McClure as soon as possible to begin working on your own case now. During an initial consultation, we will discuss the specifics of your business relationship, the fiduciary duties in question, and get a better understanding of how we can move forward in a way that is the most productive and successful possible.
What Is Fiduciary Duty?
Simply put, a fiduciary duty is a legal obligation for one party to act in the best interests of another. There are many forms that a fiduciary duty may take through the regular course of business, but the most central thing that we will need to prove is that there was both a “fiduciary” and a “principal” in the relationship and that the fiduciary failed in their duty.
The following three pieces will need to be present in order for us to form a clear and legal argument about the failure or breach in fiduciary duty:
The most central issue to these types of cases is proving that there was, in fact, a duty between the fiduciary and the principal. Proving that the duty was legal and binding is equally important, because if we are unable to prove that there was a legal duty, then it is difficult to move forward with a case.
Once we have established that there was, in fact, a legal duty in the relationship between you and the defendant, then we will move forward to identify the breach in the duty that has led to the current litigation. The breach is, essentially, a failure to uphold the fiduciary duty that was expected and required of the defendant.
Once we have established that there was, in fact, a breach of fiduciary duties, we will then need to prove that there were measurable damages as a result. While the most common damages are purely financial, there may be additional non-economic damages that you have suffered to your reputation or trust that can additionally be considered in a way that seeks financial compensation.
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The specifics of a fiduciary duty lawsuit are, of course, variable depending on the case at hand. As such, it is essential that you make contact with a trustworthy fiduciary duty litigation attorney in Dallas as soon as possible to begin building a strong, comprehensive case.
Our Other Practice Areas
- Corporate Oppression Litigation
- Contract Disputes
- Shareholder Oppression
- Business Partner Disputes