Representation For Investors Harmed By A Breach of Fiduciary Duty
Fiduciaries have a legal obligation to protect their client’s financial interests. Financial advisors, insurance agents, and trustees of estates are required to disclose their activities in relation to a stock portfolio, trust fund, other investments or policy, always acting in ways that further the aims and interests of a client rather than those of the fiduciary. As a famous New York justice phrased it, the duty of a fiduciary is “the punctilio of an honor most sensitive.” When fiduciaries engage in financial malfeasance, mismanagement, or dual representation, they can be held financially and legally liable for damages suffered by the client. Attorney Jeffrey A. Feldman investigates breaches of fiduciary duty in order to recover losses experienced by his clients. Mr. Feldman regularly works with accountants, investment professionals, and financial experts in uncovering and exposing breaches of fiduciary duty in the management of investment portfolios, trust funds, other investments and insurance policies.
If your financial advisor, trustee, or insurance agent has acted unethically or engaged in actions financially harmful to you, complete an online contact form today.
Breach Of Fiduciary Duty — What A Fiduciary Can And Cannot Do
Fiduciaries are required to protect and maintain the interests of the client. Toward these ends, the following is expected of fiduciaries:
- Fiduciaries cannot elevate their own interests above those of a client.
- If an action is opposed to the interests of a client, the fiduciary involved must disclose this fact to the client and obtain their permission to act in such a manner.
- A fiduciary cannot accept a role that would require them to act as a dual agent. If a fiduciary intends to act as a dual agent, they must disclose this information first to their client involved. Clients may have to obtain legal counsel to be able to waive this duty.
- Fiduciaries are required to exercise due diligence in ensuring they adhere to the professional standards of their profession in providing the maximum level of protection and information to their client.
- Fiduciaries are required to act in the interest of a client, providing full disclosure to them of their actions.
Determining Financial Loss Caused By A Breach Of Fiduciary Duty
The breach of fiduciary duty can result in substantial financial loss. While most fiduciaries will deny any wrong doing, Mr. Feldman is prepared to obtain and review financial records associated with his client’s stock portfolio, trust, other investments or insurance policy. In order to quantify the financial consequences of a breach of fiduciary responsibility, Mr. Feldman presents cost-data analyses that project the performance of stocks, bonds, 401k accounts, mutual funds, annuities, and other investments over time had a breach not occurred. Additionally, Mr. Feldman takes into account any loss of money or devaluation of investments that result from a breach of fiduciary responsibility.
Contact Lawyer Jeffrey A. Feldman Today
In order to avoid alerting your fiduciary, resulting in the destruction or manipulation of evidence, it’s best to retain legal counsel first, in order to protect your interests and rights. If you believe your investments have been adversely affected by a breach of fiduciary duty, complete an online contact form today.
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