First, to understand what a breach of fiduciary duty is, we must understand who is a fiduciary and when the fiduciary owes a duty.
A fiduciary is a person or entity in which one places a vast amount of trust in handling one’s assets and interests in. A fiduciary is required to act in your best interest and cannot take into consideration their own interest in making decisions on your behalf or in advising you as to a certain course of action. A fiduciary owes you a duty of loyalty and care and is required to act in good faith while protecting your interest.
A fiduciary duty or the obligation to act in another’s best interest arises either expressly or impliedly. An example of fiduciary duty which arises expressly includes those defined in the statutes such as those related to an attorney, stockbroker, trustee, corporate directors, and partners.
An implied fiduciary duty arises as a result of special circumstances in which the parties had a trusting or confidential relationship bewteen each other. Here are some examples of fiduciaries:
A breach of fiduciary duty in the simplest terms is a breach of the fiduciary’s duty of loyalty and care that that fiduciary owes you. In most cases, that means that the fiduciary has caused you harm or damage as a result of actions or omissions of the fiduciary that were in contradiction to your best interest. A breach of fiduciary duty is different than negligence. Negligence speaks to a mistake by the fiduciary in carrying out their obligations, not the fiduciary acting in their own interest.
At times spotting a breach of fiduciary duty can be difficult and requires a thorough analysis of the situation and the parties’ relationship.
When a fiduciary acts against the interests of its principal or for their own profit without the express consent of the principal, it may be met with serious litigious consequences.
Though typically a breach of fiduciary duty is a civil dispute matter, there are breaches that rise to the level of being a crime. Such examples include theft, embezzlement, fraud, identity theft, and abuse of an elderly person.
Breach of Fiduciary Duties cases require attorneys with experience in identifying, prosecuting and defending breach of fiduciary duty claims. Here at the Campbell Law Group, we have the experience and competency to handle your breach of fiduciary case.
Our firm accepts cases from all over South Florida such as Miami Beach, Coral Gables, Coconut Grove, South Miami, Pinecrest, Brickell, Edgewater, Doral and Wynwood, as well as cases in Broward and Palm Beach County, Tampa, Orlando and the rest of Florida.
The Campbell Law Group P.A.
Focuses its practice on corporate, real estate and family law matters.
While representing clients whether in civil, corporate or family law matters, our company’s primary goal is first to help clients minimize the need for unnecessary litigation and conflict where possible. If litigation is necessary, our company is more than capable of representing you or your business’ interest and helping you achieve a fair outcome, while guiding you, your family and your company through the difficulties involved in litigation.
Corporate and Family Law Attorney and
Collaborative Family Law Attorney
Hofstra University Maurice A. Deane School of Law – Hempstead, New York Juris Doctorate (2007)
Florida International University – Miami, Florida – Bachelor of Arts in Political Science (1998)
Florida Bar (2009)
United States District Court for the Southern District (2013), Middle (2015) and Northern Districts of Florida (2018)
United States Bankruptcy Court for the Middle and Southern Districts of Florida (2015)
Member of the Collaborative Family Law Institute, Inc. (2017)
Regina is the Managing Partner of The Campbell Law Group based in Coral Gables, Florida. She is recognized for her unique insight, resourceful problem-solving skills and understanding of how legal issues affect people and companies differently.
One of Regina’s biggest passions is litigation. Regina and The Campbell Law Group PA have seen a great deal of success in prosecuting and litigating business fraud and ponzi schemes, tortious interference with a business relationship cases, non-compete cases, shareholder actions, complex divorce and post-divorce actions, especially cases with recalcitrant parties with a talent at hiding assets and/or avoiding support obligations amongst others causes of action.
Regina is fluent in both English and Spanish and has assisted businesses and families from over twenty countries with their business and family legal needs.