CALL US 24/7! (646) 386-0990

Protecting Your Rights: Addressing Breaches of Fiduciary Duty

by | Jul 2, 2024

Protecting Your Rights: Addressing Breaches of Fiduciary Duty with Pitcoff Law Group

At Pitcoff Law Group, we prioritize your rights and work diligently to protect your interests. In the intricate world of business and financial transactions, the trust you place in fiduciaries is paramount.
When this trust is broken, the consequences can be severe, impacting both your financial stability and personal well-being. Our experienced team is here to help you navigate these challenging situations and seek the justice and compensation you deserve under New York law.


Understanding Fiduciary Duty

Fiduciaries are entrusted professionals obligated to act in the best interests of their clients, known as principals. In New York, these duties are legally enforceable standards that govern various professional relationships.
Whether explicit through state law or contractual agreements, or inferred from circumstances fostering trust, fiduciary duties are paramount in maintaining ethical business practices.


Types of Fiduciary Relationships

In New York, fiduciary relationships arise in diverse contexts, involving professionals such as real estate agents, financial advisors, accountants, corporate officers, attorneys, guardians, conservators, personal representatives, trustees, and bankers. These relationships are built on trust, where clients rely on fiduciaries to act with honesty, loyalty, and competence.


Proving a Breach of Fiduciary Duty

Establishing a breach of fiduciary duty is a meticulous process that hinges on demonstrating three essential elements, each critical to building a strong legal case:


1. Existence of a Fiduciary Relationship

Central to any claim of fiduciary breach is the establishment of a formal or informal fiduciary relationship. This relationship implies a position of trust and confidence where the fiduciary is legally bound to act in the best interests of the principal.
Fiduciary relationships can be explicit, defined by law or contractual agreements, or inferred from the circumstances and nature of the interactions between the parties.
For instance, a trustee managing a trust fund for beneficiaries has a fiduciary relationship explicitly defined by trust law. Similarly, a corporate officer guiding company decisions owes a fiduciary duty to the shareholders, rooted in corporate governance principles.
Inferred fiduciary relationships might arise in scenarios where a person places special confidence in another, such as an elderly individual relying on a family member for financial management.
Establishing the existence of a fiduciary relationship involves presenting clear evidence of the trust and confidence placed in the fiduciary. This could include contracts, correspondence, witness testimony, and the fiduciary’s own statements acknowledging their duty.


2. Breach of Duty

Once the existence of a fiduciary relationship is established, the next step is proving that the fiduciary breached their duty. This breach can take various forms, including:
  • Negligence: Failing to exercise the level of care expected in managing the principal’s affairs. For example, an investment advisor might negligently recommend high-risk investments unsuitable for the client’s risk tolerance, resulting in substantial losses.
  • Self-Dealing: Acting in their own interest rather than the principal’s. This could involve a fiduciary entering into transactions that benefit them personally at the expense of the principal, such as a real estate agent purchasing a property for themselves at a lower price than offered by other buyers.
  • Failure to Disclose Conflicts of Interest: Not informing the principal of potential conflicts that could affect their decisions. For instance, an attorney might fail to disclose a financial interest in a business they are recommending to a client.
Proving breach requires comprehensive evidence that illustrates the fiduciary’s failure to adhere to their obligations. This evidence could include financial records, communications, expert testimony, and documentation showing the fiduciary’s actions and decisions.


3. Damages

Beyond establishing breach, plaintiffs must demonstrate that the breach resulted in tangible economic harm or improper financial gain for the fiduciary. This could involve showing lost profits, diminished investments, or financial losses directly attributable to the fiduciary’s misconduct. In cases of embezzlement or mismanagement, calculating damages may involve forensic accounting and expert financial analysis to quantify the extent of the harm suffered.
For example, if a corporate officer embezzles funds from the company, the plaintiffs must show how this theft resulted in financial harm to the company. This might include diminished resources for business operations, lost opportunities for investment, or a decrease in shareholder value. Similarly, in cases of mismanagement, demonstrating the financial impact of poor decision-making requires detailed analysis of the company’s financial statements and performance metrics before and after the breach.


Legal Complexity and Strategic Approach

Navigating these elements requires expertise in both substantive law and procedural tactics.
Pitcoff Law Group excels in developing robust legal strategies tailored to each client’s unique circumstances. Our attorneys meticulously analyze financial records, review communications, and consult with industry experts to build compelling cases.


Case Study Approach

Consider a scenario where a corporate officer diverts company funds into a personal account under the guise of legitimate business expenses.
Proving breach would involve scrutinizing financial records, demonstrating the lack of business justification for the transactions, and establishing the financial harm suffered by the company as a result.
Such case studies underscore the importance of detailed evidence and strategic litigation in fiduciary duty claims.
In another example, imagine a financial advisor who persuades a client to invest in a venture where the advisor has an undisclosed financial interest.
To prove a breach of fiduciary duty, it would be necessary to show that the advisor’s recommendation was influenced by their personal gain rather than the client’s best interests.
This would involve analyzing investment records, communications between the advisor and the client, and any financial ties the advisor has to the investment.


Navigating Complex Legal Standards

Navigating these requirements can be complex, particularly in cases involving corporate directors or officers subject to the business judgment rule. This rule presumes that fiduciaries act in the best interests of the company unless proven otherwise.
Overcoming this presumption requires clear and convincing evidence that the fiduciary’s actions were not merely poor business judgment but involved negligence, self-dealing, or fraud.


Challenges and Legal Strategies

Overcoming challenges in proving breaches of fiduciary duty demands meticulous evidence of negligence, dishonesty, or conflicts of interest. Plaintiffs must illustrate financial losses, including lost profits, unpaid benefits, or gains illicitly obtained by fiduciaries.
Pitcoff Law Group excels in dissecting intricate legal issues, ensuring clients receive tailored strategies and robust advocacy.


Manifestations of Breaches

Breaches of fiduciary duty manifest in various forms, from financial mismanagement and fraud to the mishandling of sensitive information or conflicts of interest.
Pitcoff Law Group specializes in identifying and addressing these breaches, safeguarding clients’ interests and pursuing equitable remedies.


Seeking Justice with Pitcoff Law Group

At Pitcoff Law Group, we are committed to holding fiduciaries accountable for their actions. Our team offers personalized attention, leveraging extensive legal expertise to protect clients’ rights and pursue favorable outcomes.
If you suspect a breach of fiduciary duty has affected you or your business, don’t hesitate to reach out to Pitcoff Law Group. Our dedicated attorneys are prepared to evaluate your case, provide expert guidance, and advocate on your behalf.
Take proactive steps to protect your interests and uphold ethical standards in business and finance. Contact Pitcoff Law Group at (646) 386-0990, email, or visit for more information. We would be happy to assist you.



Contact Pitcoff Law Group:

"*" indicates required fields