what lawyer investment malfeasance connecticut

Investment partners or joint ventures where the parties owe each other a fiduciary duty of loyalty. Every case presents its own unique facts. Contact Aeton Law Partners at 860.785.2099 to set a conference with an attorney to see if you have a case for fraud, misrepresentation, or breach of fiduciary duty.

Full Answer

What is breach of fiduciary duty in Connecticut?

Fraud, misrepresentation, and breach of fiduciary duty are all business tort claims that attorneys assert in lawsuits based on Connecticut’s common law. Essentially, this means that these claims are not based on codified law or statute, but instead, they are based on decisions of the Connecticut courts going back years to the 1800’s.

When representing a client in a fraud or misrepresentation case, will lawyers research past court decisions to determine

When representing a client in a fraud or misrepresentation case, lawyers will research past court decisions to determine which Connecticut law should apply. Lawyers will then use the case law requirements from past court decisions to see if the law fits the facts of the particular case. When the facts and the law fit, ...

Why is it advantageous to have a fiduciary relationship?

The biggest reason is that if an attorney can prove that a fiduciary relationship existed, the burden of proof shifts to the fiduciary to prove good faith and fair dealing.

How to determine if a fiduciary relationship exists?

There is no clear test for determining whether a fiduciary relationship exists. Courts will look at past case law and the circumstances of the case. The courts are guided by past decisions that state a fiduciary or confidential relationship can exist where there is a unique degree of trust and confidence between the parties, one of whom has superior knowledge, skill, or expertise and is under a duty to represent the interests of the other. As an example, fiduciary relationships can be proven in Connecticut in cases involving agents or employees, business partners, trustees, and directors and officers of corporations.

What is employee theft?

Employee theft or unfair competition where high-level employees owe the employer a duty of loyalty as a fiduciary.

Is fraud the same as intentional misrepresentation?

Further, the plaintiff must have relied on that representation to have suffered harm as a result of that reliance. With common law, a fraud case is essentially the same as intentional misrepresentation.

Can you undo a fraud case in Connecticut?

In other words, it can be harder to prove fraud than other types of cases in civil court. If you prove a fraud case in Connecticut, you can recover damages caused by the fraud. Alternatively, a successful party in a lawsuit for fraud may also undo or rescind a contract or transaction based on fraud.

What is the evidentiary standard for a legal malpractice claim in Connecticut?

The evidentiary standard for a legal malpractice claim in Connecticut is preponderance of the evidence. As such, the plaintiff needs to show by preponderance of the evidence that the lawyer committed legal malpractice and is liable for damages.

What is professional conduct in Connecticut?

The Connecticut Rules of Professional Conduct specifically address malpractice liability, emphasizing that lawyers can be liable to clients “for the negligent rendering of services.”.

What is the first element of a legal malpractice claim?

The first element of a legal malpractice claim is usually relatively easy to prove. As long as the plaintiff hired the lawyer, then there should be evidence that there was an attorney-client relationship.

What is malpractice in medical terms?

In other words, the doctor failed to live up to the medical standard of care she or he owed a patient, and the patient got hurt as a result. Legal malpractice is similar in that it allows a client to sue a lawyer when that lawyer fails to live up to the standard of care owed to a client in a legal case.

What type of damages is awarded to a defendant for a violation of the law?

Punitive damages: This type of damages award punishes a defendant for particularly harmful or egregious behavior, and often to discourage similar behavior in the future. Plaintiffs in legal malpractice cases also are eligible to receive legal fees, court costs, and attorneys’ fees.

How long does a malpractice claim take in Connecticut?

In Connecticut, the statute of limitations for a legal malpractice claim is three (3) years. This means that a legal malpractice lawsuit must be filed within three years from the date that the claim arose.

What is legal malpractice?

Legal malpractice describes a case when a lawyer fails to provide adequate representation due to a mistake or negligence. Accordingly, the lawyer’s errors or careless behavior results in damages that harm the client. You may have heard about medical malpractice.

What to say when a client threatens to file a complaint against a lawyer?

If a client makes a threat of filing a complaint for embezzlement, fraud, malpractice, or other lawyer misconduct allegation or if a client’s new attorney reaches out with “questions”, a reporter inquires, or if the police “just want to talk” you should say nothing and immediately speak to a lawyer with specific experience in defending lawyers against claims of theft, fraud, legal malpractice, embezzlement, or other professional misconduct.

Why are lawyers targeted?

Lawyers are frequently targeted by their clients for attorney fraud, legal malpractice, or lawyer malfeasance complaints because of a client’s psychiatric disability, misunderstanding of the law, immense mistake of fact, and even outright extortion.

What is misconduct in Pattis and Smith?

Malfeasance or Malpractice misconduct allegations against a lawyer are among the most complex we handle because The Pattis & Smith Law Firm lawyer misconduct team must simultaneously address bar licensing proceedings, police investigations, criminal charges against the lawyer, potential financial liability in a civil court, and professional and personal reputation concerns. Experience matters in these cases.

Who is Norm Pattis?

Bestselling author of three books on America’s justice system Norm Pattis, a frequent expert legal commentator for the media, has extensive experience helping attorneys proactively and successfully address allegations of fraud, theft, and malpractice by a client.

What happens if your lawyer stops working on your case?

Your lawyer stops working on your case. The longer your attorney ignores you and your case, the more likely it is to amount to malpractice. You must act quickly to see that your case is properly handled and get another lawyer if necessary. Writing or faxing a letter expressing your concerns and asking for a meeting is a good first step.

How to succeed in a malpractice case?

To succeed in a malpractice case, however, you will have to prove that the settlement your lawyer entered into was for less than your case was worth. You see your lawyer socializing with the lawyer for your opponent . This is not malpractice or a breach of attorney ethics.

What is Martindale Nolo?

Nolo is a part of the Martindale Nolo network, which has been matching clients with attorneys for 100+ years.

What to do if your complaint to the state attorney regulatory agency is unsuccessful?

If your complaint to the state attorney regulatory agency is unsuccessful, you may also consider suing the lawyer for malpractice in order to get the money back.

How to win a malpractice case in Ohio?

In practical terms, to win a malpractice case, you must first prove that your attorney made errors in how she handled your case. Then you must show that you would have won the underlying case that the lawyer mishandled. (This second part is not required in Ohio.) Finally, you will have to show that if you had won the underlying case, you would have been able to collect from the defendant.

What does Dorian sue his lawyer for?

Dorian sues his lawyer for malpractice. He can prove duty (he signed a representation agreement with the lawyer). He can prove breach (the lawyer failed to file the lawsuit within the proper time). He can prove causation (witnesses and a police report attest to the driver's liability).

What does it mean when you need an attorney?

When you reach the point of needing an attorney's expertise, it usually means that some situation -- whether at work, in the neighborhood, with the family, or elsewhere -- has gotten too complex to resolve on your own. You turn to a lawyer and trust she will help. But what do you do when the lawyer makes things worse instead of better? If you've lost confidence in your attorney and are considering suing for malpractice, here are some things you should know.