In this episode Jason Keith explains the concept of legal duties with a focus on fiduciary duties, provides examples, discusses some fiduciary duties attorneys owe to their clients, lists the elements of a breach of fiduciary duty cause of action, and touches on participatory liability in the breach of fiduciary duty context.
LINKS:
Episode's blog post: https://www.keith.law/business-disputes/what-is-fiduciary-duty/
Podcast Website: https://www.keith.law/category/podcast/
Firm Website: https://www.keith.law/
Calendly page to schedule a call: https://calendly.com/keithlawpllc/20minute
LinkedIn profile: https://www.linkedin.com/in/jason-keith-0736a931/
Email: Jason@Keith.Law
TIMESTAMPS:
00:00 — What is fiduciary duty?
00:04 — Intro
00:29 — A listener asked this question and it's not simple to explain this "legalese" term
01:12 — Outline of the topics that I will cover in this episode
02:24 — Legal duties
03:52 — Terminology
04:26 — Fiduciary relationship explained briefly
04:45 — Fiduciary duties, not duty
05:14 — A nonexclusive list of fiduciary duties
05:55 — Formal fiduciary relationships - a list
07:10 — Informal fiduciary relationships - when they can arise
08:02 — The attorney-client relationship - one category of formal fiduciary relationship
08:21 — The concern of creating an attorney-client relationship by implication
09:00 — Why attorneys conduct conflict checks before being hired
09:30 — Attorney-client relationship - joint representation
10:02 — Breach of fiduciary duty cause of action - elements
11:03 — Participatory liability for breach of fiduciary duty
11:49 — How does it help to know what a fiduciary duty is?
12:23 — Final thoughts and recommendation to review the show notes
13:13 — Outro
Disclaimer: This audio and blog post are for informational purposes only and should not be misinterpreted as legal or other professional advice. If you have a legal question, you should consult with an attorney in your jurisdiction. Thank you for tuning in to Keith Law, PLLC.
