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 Santa Fe 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.
An attorney can often resolve your particular legal issue faster and better than trying to do it alone. A lawyer can help you navigate the legal system, while avoiding costly mistakes or procedural errors. You should seek out an attorney whose practice focuses on the area of law most relevant to your issue.
An attorney consultation should provide you with enough information so that you can make an informed decision on whether to proceed with legal help.
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.
Lead Counsel's objective process independently verifies attorney records, conferring with state bars across the country and conducting annual reviews to confirm that the attorney practices in the legal categories as indicated, possesses a valid bar license, and is eligible to practice in the specific jurisdiction.