Fiduciary duty is a legal term referring to the obligation of one party (the fiduciary) toward another party (the beneficiary), where it must act in good faith and for the benefit of its client. Fiduciary duty requires higher standards of responsibility and ethics. Understanding this is important. Here’s how is fiduciary duty defined, and the things you should know about it:
Definition of Fiduciary Duty:
- Highest Standard of Care:
In legal relationships, fiduciary duty is the highest standard of care and loyalty. It demands that the fiduciary fully consider and act upon what is best for their beneficiaries, putting them above all else.
- Common Fiduciary Relationships:
Yet fiduciary relationships arise in many different circumstances, for instance between trustees and beneficiaries; attorneys and clients; financial advisors–such as accountants or analysts advising investors-and clientele: within corporations with corporate officers who owe shareholders a duty to further the best interests of the corporation which are generally identical to those of its owners. In every instance, the fiduciary is entrusted with managing assets on behalf of a beneficiary or providing advice and making decisions in place of the latter.
Responsibilities in Specific Fiduciary Relationships:
- Trustees and Beneficiaries:
The trustees are the fiduciaries who manage and distribute assets according to the terms of a given trust document. They must be fair, should not create conflicts, and always put the beneficiaries’ financial interests first.
- Attorneys and Clients:
Under the law, attorneys owe a fiduciary duty to their clients. This means they must preserve client confidentiality and provide effective legal advice as well as representation in court.
- Financial Advisors and Clients:
Financial advisers have a fiduciary duty to clients: they must act in the financial interests of their principal. This involves the selection of appropriate investments, fee disclosure, and conflict avoidance.
Legal Consequences for Breach of Fiduciary Duty:
- Civil Liability:
If fiduciaries neglect their duties and cause harm to the beneficiary, they are subject civilly. As the court determines, this may take the form of financial compensation or damages.
- Removal from Fiduciary Position:
A court may dismiss a fiduciary who is at fault and replace them with one more able to faithfully carry out their responsibilities.
- Criminal Consequences:
When serious fiduciary violations have been committed, the courts may even pursue criminal charges against an individual who has caused a breach of trust through fraud or embezzlement.
Such a concept as fiduciary duty is an underlying principle of many legal relationships, stressing the concepts of trust and mutual benefit. To ensure fair and ethical conduct in the administration of assets, decision-making processes, as well as interpersonal relationships between fiduciaries and beneficiaries, it is important for them to understand their legal obligations relative to fiduciary duty from some reputed lawyers, such as Barr & Young Attorneys.