Friday, August 7, 2009

Breach of Fiduciary Duty is Legal Malpractice in Connecticut

With regard to Connecticut legal malpractice, a breach of fiduciary duty occurs when an attorney puts someone else’s interests above their client’s interests in a legal matter. It also occurs when Connecticut attorneys are more interested in recruiting clients than serving the ones they currently have.

Often, an attorney will commit legal malpractice in Connecticut by suing the wrong party, missing a deadline, or not properly investigating the claim. The lawyer may then realize the mistake, but fail to inform the client. Or worse, the lawyer may attempt to convince their client to settle his or her claim for a minimal recovery without fully disclosing the attorney’s mistakes leaving the client with no legal recourse. It’s unfortunate when this happens but we can help.

A lawyer may breach his or her fiduciary duty to a client in Connecticut by doing one or more of the following: setting aside cases that appear to be minor, asking a client to accept a minimal settlement when the facts indicate the client may have a bigger claim, failing to offer appropriate advice, missing a filing deadline, filing an improper document, or ignoring a conflict of interest. Anyone of these acts may lead to a legal malpractice suit in Connecticut and we can help. Lawyers screw up, but they should never represent their own interests above their clients'.

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