Dishonest Assistance Doctrine Lawyer | Serving Raton, NM
The dishonest assistance doctrine comes into play when a trustee or a third party violates their fiduciary duty. This occurs, for example, if a financial consultant recommends an action to a trustee that would benefit only the consultant or a beneficiary has a financial loss as a result.
Trust beneficiaries can protect their legal and financial rights by consulting a Raton lawyer experienced in dishonest assistance doctrine cases. The lawyer can review the estate planning documents and determine if a deception occurred and sue the dishonest person to recover the beneficiary's losses and possibly win punitive damages.
No matter what your legal issue may be, it is always best to seek legal help early in the process. An attorney can help secure what is likely to be the best possible outcome for your situation and avoid both unnecessary complications or errors.
Prepare for your consultation by writing down notes of your understanding of the case, jot down questions and concerns for the attorney, and gather your documents. Remember that you are trying to get a sense of whether the attorney has your trust and can help you address your legal issues. Questions should include how the attorney intends to resolve your issue, how many years he/she has been practicing law and specifically practicing in your area, as well as how many cases similar to yours the attorney has handled. It can also be helpful to broach the subject of fees so that you understand the likely cost and structure of your representation by a specific attorney and/or legal team.
Pro se - This Latin term refers to representing yourself in court instead of hiring professional legal counsel. Pro se representation can occur in either criminal or civil cases.
Statute - Refers to a law created by a legislative body. For example, the laws enacted by Congress are statutes.
Subject matter jurisdiction - Requirement that a particular court have authority to hear the claim based on the specific type of issue brought to the court. For example, the U.S. Bankruptcy Court only has subject matter jurisdiction over bankruptcy filings, therefore it does not have the authority to render binding judgment over other types of cases, such as divorce.
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