Fiduciary Duty Litigation & Red Team Analysis
Suing on behalf of or against a fiduciary
The Firm has a documented track record of litigating on behalf of or against fiduciaries. By definition, a fiduciary is a person or organization that acts on behalf of another person or persons, putting their clients’ interests ahead of their own, with a duty to preserve good faith and trust. Being a fiduciary thus requires being bound both legally and ethically to act in the other’s best interests.
A fiduciary is normally a service professional, such as an attorney, accountant, money manager, financial advisor, banker or an insurance agent. But it could also be an executor, board member, or corporate officer.
When a fiduciary breaches his or her professional responsibilities, the damages can be enormous. But not every act or omission of a fiduciary is actionable. Fiduciary duty claims require detailed analysis, including a thorough review of what damages, if any, have occurred.
We have many occasions defended fiduciaries, including prominent law firms, in legal malpractice cases. And we have even represented attorneys as plaintiffs who had to file suit against their own former attorneys.
- Legal malpractice
- Accounting malpractice
- Financial advisor malpractice
- Trust disputes
- Suits against boards of directors or trustees, or individual directors or trustees
Red Team Analysis
As part of our fiduciary duty practice we also routinely provide second opinions on legal matters, commonly known as red teaming.
What is “Red Team?” A group that improves an organization by providing opposition to the organization’s current views and strategy.
Clients engaged in complicated or risky disputes, whether inside a courtroom or in business, rely on their fiduciaries and advisors to make informed decisions. But all fiduciaries suffer from confirmation bias. For a professional, it is easy to convince yourself you are right.
Consider a second opinion. This is where Red Teaming comes into play. We can conduct an independent and fresh analysis of your claims or defenses, or your exposure, or your strategy. Is there something your current lawyer is missing? Do you have a nagging feeling that something isn’t going as expected? Are the costs exponentially higher than anticipated?
We poke holes in your case. We find unexpected weaknesses. We test your theory of the facts and the law. We break down your strategy to build it back better.
You have money, time and emotional bandwidth tied up in your current lawsuit or dispute. We provide value to you by providing you a second opinion. We will review a lawsuit, a defense, a strategy, an appeal or any other aspect of dispute resolution to help you either stay the course or chart a new one.
Perhaps you’re concerned about a dispositive motion, or you are not sure of your chances on appeal, or you have mediation scheduled and you want another set of eyes to help determine a case’s value. This is where we help. This is where we provide value. Most people facing a health scare would think nothing of getting a second or even a third opinion on treatment. Litigants, however, seem to get stuck relying exclusively on the legal advice and strategy from the first lawyer they hire.
Get a second opinion. You and your lawyer will appreciate it.