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Breach of Fiduciary Duties

Phoenix Breach of Fiduciary Duty Lawyers Take on Cases Involving Misconduct Allegations

Arizona law firm litigates when someone in a position of trust is accused of wrongdoing

Businesses rely on the advice and discretion of executives and a variety of professionals, such as attorneys, accountants and investment advisers. Many of these agents are fiduciaries who have a duty to act in the best interests of the business. When someone in a position of trust fails to honor their responsibility, it can cause serious damage both to the business and the fiduciary’s professional reputation. The Law Offices of Donald W. Hudspeth P.C. in Phoenix is sensitive to this problem and provides authoritative legal advice to fiduciaries and clients throughout Arizona. If you are engaged in breach of fiduciary duty case, you can rely on us for practical and skilled representation.

What is a fiduciary duty?

A fiduciary is a person who is entrusted to provide guidance and/or make decisions on behalf of another — the principal — typically because the fiduciary has superior knowledge or abilities on which the principal relies. Examples of fiduciary relationships include:

  • Corporate directors and officers owe the corporation they work for
  • Attorneys, accountants or financial advisers owe their clients
  • Trustees owe the beneficiaries of the trusts they administer

Because of these special relationships, the law imposes a duty on the fiduciary to act in the best interests of the principal and avoid a conflict of interest. We give authoritative advice to fiduciaries and their principals on the nature of the fiduciary duties involved and how to ensure that they are observed.

How can fiduciaries violate their fiduciary duties?

What constitutes a breach of fiduciary duties depends on the relationship between the parties and the nature of the responsibility placed in the fiduciary’s hands. For instance, lawyers may violate their fiduciary duties by such conduct as:

  • Handling client funds improperly
  • Engaging in fraudulent billing practices
  • Doing business with a client that creates a potential conflict with the lawyer’s obligations to the client
  • Representing other parties in the same matter without the informed consent of all parties involved
  • Representing other parties if it creates an actual conflict of interest with the client
  • Revealing confidential information acquired from the client in a manner that harms the client

Other examples of fiduciary breaches include:

  • Business partners and corporate directors or officers who self-deal to the detriment of the business
  • Employees who use their positions to engage in industrial espionage on behalf of a rival
  • Accountants, financial advisers and trustees who embezzle funds

If you are the victim of a breach of fiduciary duty, we will represent you aggressively in litigation for damages against the violator. Likewise, if you are a fiduciary accused of negligence or misconduct, we will prepare a thorough defense.

Contact a dedicated Phoenix breach of fiduciary duty law firm

The Law Offices of Donald W. Hudspeth P.C. represents plaintiffs and defendants in breach of fiduciary duty cases and aggressively pursues the best possible outcome for our clients. To schedule a consultation, call our Phoenix firm today at 866-696-2033 or contact us online.

Donald W. Hudspeth Attorney Photo
Donald W. Hudspeth
Principal Attorney

Attorney Donald W. Hudspeth has more than twenty years’ experience practicing corporate and business law. Before attending law school, Mr. Hudspeth held a stock brokers license at the age of 21 and owned his own business at the age of 23. He was a business law professor at Arizona State University, West Campus, and has conducted classes and seminars for a number of higher institutions and organizations. Mr. Hudspeth has published two books on law and is the founder of the radio programs Law on the Edge and Law Talk.

Mark S. Hamilton Attorney Photo
Mark S. Hamilton

About Attorney Mark S. Hamilton has experience handling all aspects of civil and commercial litigation in federal, state, and tribal courts at the trial and appellate levels. Practice Areas Business litigation Commercial litigation Education University Of Hawaii Wm. S. Richardson School Of Law, Juris Doctor - 2002 University Of Hawaii, Master Of Arts in Asian…

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    2020 issue of AZ Business Leaders

Our firm now offers a scholarship program for ASU first and second year law students.

The scholarship is awarded to students for academic merit with an interest in business and business law. Candidates may have majored in fields other than business, have taken a break between college and law school, or have had exceptional life experiences.

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  • "I would recommend Mr. Hudspeth unequivocally. Not only is he an outstanding business attorney, he also provided me with access to a divorce attorney. Thanks to his skill, and resources available outside the Phoenix law family, I was successful in challenging a “family law” mediation that was particularly and grossly unfair." - Chandler, Arizona Private Individual

  • "Thank you for the work you have done in creating these documents. It is always a pleasure dealing with this firm!" - J. P.

  • "An excellent response. Masterfully prepared. Thank you." - El Paso, Texas Real Estate Investor

  • "Glad about meeting with Don. Felt so much better, better than in 15 years. Really appreciated the conversation." - RH, Phoenix Manufacturing Company

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