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What Is a Fiduciary Duty That Your Attorney Owes to You?

The Restatement and a leading treatise state that in every state in the union including Arizona, attorneys have recognized fiduciary duties to their clients. (See, Legal Malpractice Litigation at 4-4, Entrekin, Bloomberg BNA 2018; Restatement of Law (Third) Governing Lawyers, Section 16(3)). Arizona Attorneys’ Fiduciary Duties to their Clients These duties include a duty to deal honestly with their clients…

Proving Lost Profits in Arizona Legal Malpractice Cases

Sometimes, an Arizona lawyer’s negligence causes a client’s business to lose sales.  There are a specific set of rules governing proof of lost profits. The first question is whether this is a new business with no profits yet or whether it is an existing business with a record of sales.  It is possible to recover lost profits for a new…

Pre Judgment Interest in Arizona Law

Let’s say you obtain an award of damages against your former attorney in a Phoenix legal malpractice lawsuit.  You may be entitled to prejudgment interest. In my home state of Arizona, the law on prejudgment interest is similar to the law in most other states. Arizona Law on Pre Judgement Interest Whether a party is entitled to prejudgment interest is…

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