BALANCING THE SCALES OF JUSTICE FIDUCIARY OBLIGATIONS AND STEWART V. CBC

Authors

  • LEONARD I ROTMAN

Abstract

The Stewart case presents what appears, at first glance, to be a "traditional" form of fiduciary relationship - that between a lawyer and client. Yet, the case is anything but one concerned with the fiduciary obligations of a lawyer to a client in the traditional sense. Rather, its focus is the continuing obligations of a lawyer to a former client, specifically the breadth and temporal duration of those obligations. In dealing with these issues, the case touches upon key points in fiduciary jurisprudence, including how to properly characterize the obligations arising under a fiduciary relationship and the application of common law and equitable principles of causation in calculating compensation for a breach of fiduciary duty. This article uses the Stewart judgment as a benchmark against which to assess the doctrinally sound application of fiduciary principles and the manner of determining appropriate measures of relief for breaches of fiduciary duty.

Keywords:

Professional Responsibility

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Published

1999-09-01

Issue

Section

Legal Commentary

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