Attorneys owe their clients the highest duties of loyalty, honesty, and good faith. When a lawyer puts personal interests ahead of a client’s interests, withholds material information, or otherwise violates these obligations, it may constitute a breach of fiduciary duty under Georgia law.
Breach of fiduciary duty claims often overlap with legal malpractice but focus specifically on violations of trust and loyalty. If you believe your attorney breached fiduciary duties in your legal matter in Georgia, The C. Paul Law Firm P.C. can help you evaluate your rights and legal options.
What Is a Breach of Fiduciary Duty Under Georgia Law?
A fiduciary duty is a legal obligation to act in another person’s best interests. Attorneys in Georgia are fiduciaries to their clients and must act with undivided loyalty, full disclosure, and reasonable care.
A breach of fiduciary duty occurs when an attorney violates these obligations and the client suffers harm as a result. This misconduct may be negligent or intentional.
Core Fiduciary Duties Owed by Attorneys
Attorney Fiduciary Obligations at a Glance
| Fiduciary Duty | What It Requires |
| Loyalty | Acting solely in the client’s best interests |
| Full Disclosure | Informing the client of material facts and conflicts |
| Confidentiality | Protecting client information |
| Honesty | Truthful communications and billing |
| Good Faith | Fair dealing and faithful representation |
A violation of any of these duties may give rise to civil liability if it causes harm.
Common Examples of Breach of Fiduciary Duty
Breach of fiduciary duty claims in Georgia may arise from conduct such as:
- Undisclosed conflicts of interest
- Self-dealing or financial gain at the client’s expense
- Settlement decisions made without client consent
- Misuse or withholding of client funds
- Failure to disclose material risks or case developments
- Representing adverse interests without proper consent
- Improper fee arrangements or billing practices
- Using confidential information for another party’s benefit
Each case depends on the specific facts and the nature of the attorney-client relationship.
Breach of Fiduciary Duty vs. Legal Malpractice
Although related, breach of fiduciary duty and legal malpractice are distinct claims.
| Issue | Breach of Fiduciary Duty | Legal Malpractice |
| Focus | Loyalty, trust, good faith | Professional competence |
| Typical Conduct | Conflicts, self-dealing | Missed deadlines, errors |
| Intent Required | Not always | Not required |
| Damages | Financial harm | Financial harm |
In some cases, both claims may arise from the same conduct.
What Must Be Proven in a Georgia Breach of Fiduciary Duty Case
To pursue a breach of fiduciary duty claim in Georgia, a client generally must establish:
- A fiduciary relationship existed
- The attorney breached a fiduciary obligation
- The breach caused harm to the client
- The client suffered actual damages
Courts closely examine evidence of loyalty, disclosure, and causation.
Damages in Breach of Fiduciary Duty Claims
Depending on the circumstances, recoverable damages may include:
- Financial losses caused by disloyal conduct
- Disgorgement of improperly obtained fees
- Lost settlements or business opportunities
- Additional legal expenses
- Other provable economic damages
In cases involving intentional misconduct or fraud, additional remedies may be available.
Time Limits for Breach of Fiduciary Duty Claims in Georgia
Breach of fiduciary duty claims are subject to strict statutes of limitation. In some cases, the limitations period may begin when the breach occurs or when it reasonably should have been discovered.
Because timing can be critical, prompt legal evaluation is essential.
What to Do If You Suspect a Breach of Fiduciary Duty
If you believe your attorney violated fiduciary obligations, consider taking the following steps:
- Preserve all communications, billing records, and agreements
- Document undisclosed conflicts or questionable conduct
- Avoid signing releases or waivers without legal guidance
- Seek a professional legal evaluation promptly
Early action can significantly affect your ability to pursue a claim.
Frequently Asked Questions
Is a breach of fiduciary duty always intentional?
No. Breaches may occur through negligence or reckless disregard, not only intentional acts.
Can I pursue a breach of fiduciary duty claim without an ethics complaint?
Yes. Ethics complaints are separate from civil claims.
Can a lawyer defend a breach by claiming strategy?
Strategic decisions do not excuse violations of loyalty or disclosure duties.
Why Choose The C. Paul Law Firm P.C.
- Experience evaluating fiduciary duty and malpractice claims
- Knowledge of Georgia fiduciary and professional responsibility standards
- Careful analysis of loyalty, disclosure, and damages
- Clear, professional communication
- Commitment to ethical, client-focused representation
We handle these matters with discretion, diligence, and precision.
Speak With a Breach of Fiduciary Duty Lawyer in Georgia
If you believe your attorney breached fiduciary duties in your legal matter in Georgia, The C. Paul Law Firm P.C. is ready to help you understand your legal options.
Contact our office today to schedule a confidential consultation.
The C. Paul Law Firm P.C.
1870 The Exchange, Suite 200, #1387
Atlanta, GA 30339
Phone: (212) 551-PAUL
Website: www.cpaullawfirm.com
Reach out today to speak with a member of our team and take the next step toward accountability and resolution.