An attorney-client relationship is a fiduciary relationship as an attorney owes his or her client a fiduciary responsibility. The attorney may be held personally responsible for breaching the fiduciary duty. However, in order for the client to be entitled to recovery for damages caused by the attorney's breach of a fiduciary duty, the test is whether the attorney entered into a transaction with his or her client of advantage to himself or herself. It is not necessary for the attorney to have received property from the client in order for the attorney to be held liable for a breach of a fiduciary duty. On the other hand, a fiduciary duty extends to every possible situation in which there is a confidence reposed on one side and the resulting superiority and influence on the other side. The rule pertains to both technical fiduciary relations and those informal relations, which exist whenever one person trusts and relies upon another. However, there are some situations in which a breach of fiduciary duty will not exist. For instance, a law firm did not breach its fiduciary duty to a corporate client by failing to pressure the chief executive officer for confirmation of the existence of the alleged revenue-producing leases later found not to exist, even though there are claims that an executive of the corporation gave the firm stock and provided personal benefits to a named partner, causing the firm to place its interests ahead of those of the corporate client.

A cause of action for breach of a fiduciary duty may have many complex issues. Therefore, you should consult with an experienced West Palm Beach business lawyer. Call Sharmin & Sharmin at 1-800-74-TRIAL.