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Examples of breach of fiduciary duty:

Misappropriation of funds

When someone entrusted with managing your money diverts it for personal use, it’s more than theft – it’s a breach of fiduciary duty. This can happen with business partners, financial advisors, or even family members. They might funnel your funds into their own projects or siphon off money for luxury purchases. At JCJ Law Group, our breach of fiduciary duty lawyers in Houston hold these crooks accountable, tracking every misused dollar and fighting to get your money back where it belongs.

Conflicts of interest

If your fiduciary prioritizes their own interests or those of a third party over yours, they’re crossing a line. This can occur in various situations, like when a financial advisor recommends investments that benefit them more than you or a business partner engages in deals that favor another venture they own. We cut through the BS to expose their duplicity and protect your rights, ensuring that your interests are put back at the forefront where they belong.

Failure to disclose

Full transparency is a must in any fiduciary relationship. When fiduciaries hide crucial information or make decisions without your informed consent, they’re violating their duty. This includes failing to disclose conflicts of interest, financial details, or significant risks involved in a transaction. We uncover the hidden truths and make them pay for their deceit, ensuring you’re fully informed and in control of your decisions.

Self-dealing

Is someone you trust engaging in transactions for personal gain at your expense? That’s self-dealing, and it’s a blatant breach of fiduciary duty. This could involve a trustee selling property to themselves at a discount or a corporate officer steering company business to a firm they own. Our breach of fiduciary duty lawyers in Houston fight dirty so you don’t have to, ensuring that these backdoor deals are exposed and rectified. Justice isn’t just about fairness; it’s about making things right.

Negligence

A fiduciary must act with care and diligence, making prudent decisions on your behalf. When they drop the ball, causing you financial harm, you have a breach of duty. This can mean sloppy accounting that leads to financial losses, poor investment choices that deplete your assets, or failing to act in critical situations like ignoring market trends. We demand accountability and ensure your interests are fiercely protected.

Steps we take to handle a breach of fiduciary duty:

  • Investigate the details of your case thoroughly to identify all instances of breach.
  • Gather crucial evidence, including financial records, communications, and expert testimonies.
  • Analyze the fiduciary’s actions to pinpoint where they failed in their duties.
  • Develop a strategic plan tailored to your specific situation, aiming for maximum compensation.
  • File a strong legal claim against the responsible party, ensuring all legal standards are met.
  • Negotiate aggressively with the opposing party to secure a fair settlement.
  • Litigate in court if necessary, presenting a compelling case to ensure justice is served.
  • Recover the maximum possible compensation for the damages you’ve suffered.

Breach of fiduciary duty FAQs

What is a fiduciary duty?

A fiduciary duty is a legal obligation for one party to act in the best interest of another. This relationship is built on trust and confidence, where the fiduciary is expected to be loyal, honest, and act with the utmost care. Examples of fiduciaries include financial advisors, business partners, corporate officers, and trustees. Hiring an expert breach of fiduciary duty lawyer in Houston can save you thousands in lost assets.

How can I prove a breach of fiduciary duty?

To prove a breach of fiduciary duty, you need to establish three key elements:

  • Duty: Show that a fiduciary relationship existed between you and the defendant.
  • Breach: Demonstrate that the fiduciary acted in a way that violated their duty to you.
  • Damages: Provide evidence that you suffered financial harm as a result of the breach.

What damages can I recover for a breach of fiduciary duty?

Damages for a breach of fiduciary duty can include:

  • Compensatory Damages: To cover financial losses directly resulting from the breach.
  • Punitive Damages: To punish the wrongdoer and deter future breaches.
  • Restitution: To restore any benefits the fiduciary gained through their wrongful actions.

How long do I have to file a claim for a breach of fiduciary duty in Texas?

In Texas, the statute of limitations for filing a breach of fiduciary duty claim is generally four years from the date of the breach or when it was discovered. You must act quickly, as delaying could bar you from recovering any damages. At JCJ Law Group, we recommend contacting our breach of fiduciary duty lawyers in Houston as soon as you suspect a breach to ensure your claim is filed within the legal timeframe.

What should I do if I suspect a breach of fiduciary duty?

If you suspect a breach of fiduciary duty, take the following steps:

  • Collect any documents, communications, and records that support your suspicions.
  • Avoid confronting the fiduciary as it can lead to the destruction of evidence or other issues.
  • Contact JCJ Law Group for a free consultation. We’ll assess your case, advise you on the best course of action, and help you gather further evidence if needed.

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