Orange County Breach of Fiduciary Duty Attorneys
Last updated on November 13, 2025
When a business partner, corporate director, or trustee violates their legal duty of trust, the financial damage can be catastrophic. Our Orange County litigation attorneys specialize in holding fiduciaries accountable and recovering the assets that are rightfully yours.
At the Orange County law firm of (Burkhalter Kessler Clement & George LLP), our attorneys provide skilled representation for parties on either side of breach of fiduciary duty claims. We will work hard to protect your valuable interests and to help achieve the best possible resolution for your legal matter.
A Proven Record in Fiduciary Litigation
Our trial-ready approach gives our clients a distinct advantage. We have a track record of holding fiduciaries accountable and defending those who have been falsely accused.
- $12.8 Million Verdict in a breach of fiduciary duty case.
- $4.3 Million Verdict for an LLC member in a breach of fiduciary duty case, including $2.5 million in punitive damages.
- $2.5 Million Verdict for our client in a complex breach of fiduciary duty lawsuit.
- Obtained a Complete Defense Verdict for our client against a $1 million fraud claim and won a complete indemnity award on the cross-complaint.
Holding Fiduciaries Accountable in Southern California
We represent shareholders, partners, and beneficiaries in claims against:
- Stockbrokers
- Brokerage firms
- Financial advisers
- Administrators of investment plans
- Company partners and officers
- Real estate agents
A fiduciary relationship is created when one party trusts that the other party will aid, advise or otherwise protect the client when it comes to financial dealings. When there is a violation of this trust, a case may be made that a breach of fiduciary duty occurred.
If a court finds that there was indeed a breach, compensatory and, in some cases, punitive damages may be awarded to the client who was harmed. With extensive business litigation experience, our lawyers understand how to handle these cases efficiently and effectively.
What Are The Legal Obligations Of A Fiduciary?
A fiduciary is entrusted with many responsibilities and obligations. Their main purpose is to act in the best interests of another person or entity by observing a duty of care, confidentiality, loyalty, good faith, disclosure and prudence.
In other words, a fiduciary has a legal and ethical obligation to put the other party’s interests above their own. Fiduciaries can be trustees, executors, guardians, powers of attorney, corporate officers, business partners, financial advisors, pension fund managers and escrow agents, among others, so their exact obligations may vary according to the situation
What Constitutes a Breach of Fiduciary Duty?
A breach of fiduciary duty would mean that the fiduciary failed to honor their legal obligations by breaching a client’s trust and causing them damages, such as financial losses. Examples of breaches include:
- Self-dealing
- Conflicts of interest
- Misappropriation of fund
- Negligent investments
- Incompetent management
- Lack of transparency
- Failure to maintain confidentiality
- Fraud or dishonesty
- Failure to keep records
In short, anything that would tend to negatively affect the interests of the party owed the fiduciary duty could be a breach.
How Do You Prove That A Breach Of Fiduciary Duty Occurred?
Our clients often ask us how they can prove a breach of fiduciary duty. We can help clients navigate the legal complexities of each case and develop a strategic approach to the situation when potential breaches are suspected. At Burkhalter Kessler Clement & George LLP, we can:
- Identify and define the fiduciary relationship between the parties
- Collect evidence of the breach in the form of documents, communications, records, witness testimony and expert testimony
- Prove that the breach caused harm to the beneficiary or entity that could have otherwise been avoided
Finally, as part of any civil lawsuit, we will work to establish the true nature of any monetary losses the fiduciary’s breach caused and the appropriate remedies for the breach.
Contact Our Attorneys For Help With Your Business Litigation Needs
If you feel that you or your business has been the victim of a breach of fiduciary duty or if you have been accused of failing to carry out your fiduciary duties, speak with us. Contact us online or call 888-714-1738 to schedule a consultation. At Burkhalter Kessler Clement & George LLP, we provide business litigation services to companies throughout California.