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 Glens Falls 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.
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.
For most consumer legal issues, the size of the practice is much less important than the experience, competence, and reputation of the attorney(s) handling your case. Among the most important factors when choosing an attorney are your comfort level with the attorney or practice and the attorney's track record in bringing about quick, successful resolutions to cases similar to yours.
Affidavit - A sworn written statement made under oath. An affidavit is meant to be a supporting document to the court assisting in the verification of certain facts. An affidavit may or may not require notarization.
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.