Protecting Clients from Lawyers Who Betray Their Trust
When you hire a lawyer, you expect loyalty, honesty, and full commitment to your case. Attorneys in New York owe their clients a fiduciary duty, which means they must act in the client’s best interests, avoid conflicts, and deal honestly. When an attorney violates this duty, it can cause devastating financial and legal harm — and it may amount to legal malpractice.
At The C. Paul Law Firm P.C., we represent clients across [City] and New York whose attorneys breached their fiduciary duty. We hold negligent or dishonest lawyers accountable and fight to recover the damages caused by their misconduct.
Call today for a free consultation: (212) 551-PAUL
What is Breach of Fiduciary Duty?
A fiduciary duty is the highest duty of loyalty and care under the law. Attorneys must put the client’s interests ahead of their own. A breach occurs when a lawyer:
- Acts for personal gain at the client’s expense
- Withholds material information
- Ignores conflicts of interest
- Mishandles client funds
- Fails to disclose critical facts or risks
Common Examples of Breach of Fiduciary Duty
| Type of Breach | Example | Why It’s Malpractice |
| Self-Dealing | Lawyer invests in client’s case for personal profit | Divided loyalties harm client |
| Conflict of Interest | Representing opposing parties without disclosure | Breach of loyalty & trust |
| Mishandling Client Funds | Commingling or misusing escrow funds | Financial harm to client |
| Failure to Disclose | Withholding settlement offers or risks | Deprives client of informed decisions |
| Unauthorized Actions | Settling a case without client consent | Violation of client rights |
Proving Breach of Fiduciary Duty in New York
To succeed in a claim, clients generally must prove:
- Attorney-Client Relationship – A fiduciary duty existed.
- Breach of Duty – The attorney violated that duty through misconduct or negligence.
- Causation – The breach harmed the client’s legal or financial position.
- Damages – The client suffered measurable losses.
Compensation for Breach of Fiduciary Duty
Victims may be entitled to recover damages for:
- Financial losses from self-dealing or negligence
- Value of lost claims or settlements
- Misused or stolen funds
- Legal fees wasted on conflicted counsel
- Emotional distress caused by betrayal of trust
Frequently Asked Questions
Is breach of fiduciary duty the same as malpractice?
Not always. Breach of fiduciary duty focuses on loyalty and honesty, while malpractice focuses on negligence. Many cases involve both.
What if my lawyer settled my case without asking me?
That is a breach of fiduciary duty and may also be malpractice.
Can I sue if my lawyer put their own interests first?
Yes. Attorneys must prioritize their clients’ interests above all else.
How long do I have to file a breach of fiduciary duty claim in New York?
Generally 3 years, but deadlines can vary depending on the facts.
Serving [City] and the Greater New York Area
We represent victims of attorney misconduct, including breach of fiduciary duty, across [City], Manhattan, Queens, Brooklyn, the Bronx, and throughout New York.