Schwartz & Schwartz

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Fiduciary Litigation

In a nutshell, a fiduciary is a person or business standing in a position of trust in relation to someone else. Among others, any of the following persons may be a fiduciary depending on the circumstances:

  • Accountants – for their clients
  • Agents or attorneys-in-fact (under an operative power of attorney, or otherwise) – for their principals
  • Attorneys – for their clients, or possibly for third party (intended) beneficiaries
  • Conservators – for conservatees
  • Executors – for estate beneficiaries
  • Family members – for each other
  • Financial advisors – for their clients
  • Real estate brokers and agents – for their clients
  • Stock brokers – for their clients
  • Trustees – for trust beneficiaries

Anyone can fall victim to the misconduct of an unscrupulous fiduciary. We frequently are retained to pursue claims against fiduciaries for having abused their positions of trust and confidence in order to further their own agendas or self-interests. Likewise, on occasion we defend fiduciaries who are wrongfully accused of such claims.