Difference between revisions of "Utah Breach of duty of loyalty"
From Lawpendium
(Created page with " During an attorney-client relationship, an attorney owes a client a fiduciary duty of loyalty, which requires the attorney “to exercise impeccable honesty, fair dealing, a...") |
|||
Line 1: | Line 1: | ||
− | During an attorney-client relationship, an attorney owes a client a fiduciary duty of loyalty, which requires the attorney “to exercise impeccable honesty, fair dealing, and fidelity” in dealings with the client. Id. An attorney-client relationship exists when the client reasonably believes the attorney represents the client's legal interests. See *1126 Kilpatrick v. Wiley, Rein & Fielding, 2001 UT 107, ¶ 40, 37 P.3d 1130 (hereinafter “Kilpatrick II ”); see also In re Weiner, 120 Ariz. 349, 586 P.2d 194, 197 (1978) (stating that attorney-client relationship terminates when the “client clearly understands, or reasonably should understand, that the relationship is no longer to be depended on”). | + | During an attorney-client relationship, an attorney owes a client a fiduciary duty of loyalty, which requires the attorney “to exercise impeccable honesty, fair dealing, and fidelity” in dealings with the client. Id. An attorney-client relationship exists when the client reasonably believes the attorney represents the client's legal interests. See *1126 [https://scholar.google.com/scholar_case?q=2001+UT+107&hl=en&as_sdt=6,45&case=3043835224847802823&scilh=0 Kilpatrick v. Wiley, Rein & Fielding, 2001 UT 107, ¶ 40, 37 P.3d 1130] (hereinafter “Kilpatrick II ”); see also In re Weiner, 120 Ariz. 349, 586 P.2d 194, 197 (1978) (stating that attorney-client relationship terminates when the “client clearly understands, or reasonably should understand, that the relationship is no longer to be depended on”). |
[http://scholar.google.com/scholar_case?q=Roderick+v.+Ricks&hl=en&as_sdt=4,45&case=18286709168288799554&scilh=0 Roderick v. Ricks, 2002 UT 84, 54 P.3d 1119, 1125-26] | [http://scholar.google.com/scholar_case?q=Roderick+v.+Ricks&hl=en&as_sdt=4,45&case=18286709168288799554&scilh=0 Roderick v. Ricks, 2002 UT 84, 54 P.3d 1119, 1125-26] |
Latest revision as of 00:26, 20 January 2015
During an attorney-client relationship, an attorney owes a client a fiduciary duty of loyalty, which requires the attorney “to exercise impeccable honesty, fair dealing, and fidelity” in dealings with the client. Id. An attorney-client relationship exists when the client reasonably believes the attorney represents the client's legal interests. See *1126 Kilpatrick v. Wiley, Rein & Fielding, 2001 UT 107, ¶ 40, 37 P.3d 1130 (hereinafter “Kilpatrick II ”); see also In re Weiner, 120 Ariz. 349, 586 P.2d 194, 197 (1978) (stating that attorney-client relationship terminates when the “client clearly understands, or reasonably should understand, that the relationship is no longer to be depended on”).