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Civil litigation

breach of fiduciary duty

Breach of fiduciary duty is a cause of action or claim in civil litigation (lawsuits) that provides the legal basis for a person or entity to recover its damages/losses when there is a special relationship based on trust and confidence (attorney and client or trustee and beneficiaries) and the party who owes the fiduciary duty breaches its duty of loyalty (conflict of interest) or duty of care (informed judgment in decision-making).

In Iowa, a breach of fiduciary duty occurs when an individual or entity, who is obligated to act in the best interest of another due to a special trust relationship, fails to do so. This breach can arise in various contexts, such as between an attorney and client or a trustee and beneficiaries. The fiduciary has a duty of loyalty, which means they must avoid conflicts of interest and act without self-dealing. They also have a duty of care, requiring them to make decisions with informed judgment. When these duties are breached, the affected party may file a civil lawsuit to recover damages for the losses incurred. The specific elements that must be proven in court include the existence of a fiduciary relationship, the breach of duties by the fiduciary, and damages resulting from that breach. Iowa courts will assess the case based on state statutes and common law precedents to determine if a breach has occurred and the appropriate remedy.

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Civil litigation

breach of fiduciary duty

Individual & Family Legal Plan

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Iowa State Code

Iowa State Code

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Civil litigation

breach of fiduciary duty