Breach of Fiduciary Duty Orlando | How Our Firm Will Represent You

If you have questions about a breach of fiduciary duty Orlando case, this blog explains the process from start to finish. Choosing a reliable and proficient attorney is a critical first step, and Carr Law Firm, P.A. makes the rest of the process manageable.

Maybe you are wondering if your situation would be considered a breach of fiduciary duty, or maybe you are already looking for legal counsel on your case. Either way, this blog addresses many of the common concerns surrounding a breach of fiduciary duty Orlando, and explains how Carr Law Firm, P.A. can represent your case.

Breach of Fiduciary Duty

What is a fiduciary relationship? A fiduciary relationship is based on trust and confidence between the parties where ‘confidence is reposed by one party and a trust accepted by the other, ….’”  Taylor Woodrow Homes Florida Inc. v. 4-46-A Corp., 850 So.2d 536, 540 (Fla. 5th DCA 2003). Unless the relationship is formed through the terms of an express agreement, the issue whether a fiduciary relationship exists will generally depend upon the specific facts and circumstances surrounding the relationship of the parties and the transaction in which they are involved.  To establish a fiduciary relationship, a party must allege some degree of dependency on one side and some degree of undertaking on the other side to advise, counsel, and protect the weaker party.”  Id.

Some common examples of fiduciary relationships:

•       An attorney and a client
•       A legal guardian and their ward
•       Corporate directors to shareholders
•       Partners to partners

A fiduciary owes the duty of loyalty which means the fiduciary must place the interests of the beneficiary ahead of the fiduciary’s own self-interest, and is prohibited from exploiting the relationship for the fiduciary’s personal benefit. 

Preparing the Case

If you’re dealing with a breach of fiduciary duty Orlando, we can help you prepare your case.  Evidence must establish that the breach of fiduciary duty caused damages to the beneficiary.

Specifically, proof is needed to show that these damages were caused directly by the actions of the fiduciary, and that they would not have occurred but for the fiduciary’s actions.

Representation

Carr Law Firm, P.A. can represent you in your breach of fiduciary duty case. Whether you are the beneficiary or the fiduciary, and whether your case can be resolved through negotiation, mediation, or litigation, we are here for you. Once all the information is gathered, we will implement a strategy to seek a favorable outcome.

Consequences

There are many potential consequences in a breach of fiduciary duty Orlando case, including possible professional repercussions, compensatory damages, or even punitive damages. Professional consequences could include loss of business due to damage to reputation, or loss of accreditation or licensing. Compensatory damages cover the financial losses experienced by the victim, and in some egregious instances  punitive damages may be awarded.

Even though there are many aspects and potential outcomes to a breach of fiduciary duty Orlando case, Carr Law Firm, P.A. can confidently represent you. So give us a call, or fill out our online contact form, and let’s schedule your free initial consultation today.