Any violation of the duty of care, loyalty, and good faith that is owed to another person could be a breach of fiduciary duty. However, the extent of your duty to others depends on your fiduciary relationship. For example, a doctor has a different duty to a patient than two business partners have to each other.
Effectively, harming a partner or client or neglecting to take care of them could be considered a breach of fiduciary duty in Georgia. If someone violates their duty to you, or if you are accused of a breach, contact a knowledgeable attorney at Sparks Law for legal guidance and representation.
There are different fiduciary duties for different relationships and partnerships. For example, each of the following types of relationships have different sets of laws around fiduciary duties:
However, it is important to remember that parties can work with an attorney to write any terms establishing specific duties into a partnership agreement or other type of contract.
To obtain damages, the person bringing a breach of fiduciary duty claim must show an actual injury. An injury is usually an economic loss and must be some form of real, tangible harm. If a fiduciary breach does not cause actual injury, it will be difficult for a lawyer to prove damages in Georgia court.
Importantly, there does not need to be criminal or fraudulent behavior to win damages in a breach of fiduciary duty case. Intent does not always matter either; sometimes, a party may commit a breach negligently rather than knowingly. This area of civil law can be complex, so it is important for those involved in fiduciary breach cases to consult an experienced Georgia attorney.
To prove a breach, a person and their attorney would need to show the partnership agreement that outlines what the fiduciary duties are. They would also need evidence of the actual injury that occurred as a result of the breach. A lawyer will also research case law involving a similar situation to the breach of fiduciary duty at hand.
In these situations, an attorney’s job is to know what evidence is useful for a jury or judge and to advise a client on whether it is worth it to pursue a lawsuit versus settling the case. A skilled local attorney could prepare all of the necessary court filings and documents for the fiduciary breach case. A client should also consult with their lawyer on what kind of evidence is important to collect.
Before entering a partnership with someone else, it is best to work with an attorney on a contract that outlines your fiduciary duties with each other. A lawyer could explain your obligations to prevent future confusion and disputes. However, if an alleged violation does occur, it is even more important to seek legal counsel.
At Sparks Law, our attorneys are experienced in handling cases involving breach of fiduciary duty in Georgia and could help you seek a positive resolution. Give us a call today to discuss your situation.