What is a Fiduciary Duty?

 

You may have heard that a lawyer has a fiduciary duty to his or her client, but what is that? A fiduciary duty is the highest standard of care one person owes to another. A person with a fiduciary duty to another is expected to practice the highest level of duty and should allow no conflicts of interests to interfere with that duty.

A lawyer’s fiduciary duty means that the lawyer must consider his client’s interests before his own. Other than a fee paid by his client, a lawyer should not otherwise profit from his representation of his client. The client is usually in a position of vulnerability or reliance on the lawyer and the lawyer may not take advantage of that position.

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