Breach of Fiduciary Duties

A failure of an Attorney to faithfully represent his clients may result in an Attorney being held responsible for damages. All attorneys owe their clients a fiduciary duty, a duty of loyalty and fidelity. A Lawyer cannot take positions adverse to the client.

A fiduciary duty requires a lawyer to put his client’s interests before the lawyer’s and requires the disclosure to the client of real and potential conflicts of interest.  The fiduciary  duty does not necessarily end when the case is over.

If a client has been damaged by a lawyer’s breach of fiduciary duties they may be able to recover damages. A breach of fiduciary duty may involve the representation of multiple clients in the same litigation, failing to advise a client that the lawyer has a conflict of interest, being in business with the client, having a sexual relationship with a client, even settling a legal malpractice case with a client.

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Cohn & Associates
1604 Locust Street
4th Floor
Philadelphia, PA 19103
(215) 545-9660