What Is Fiduciary Duty?

Fiduciary duties include: (1) Duty of loyalty — placing the beneficiary's interests above your own, avoiding conflicts of interest; (2) Duty of care — acting with the prudence and skill of a reasonable person in the same position; (3) Duty of confidentiality — protecting confidential information; (4) Duty to disclose — sharing information material to the beneficiary's decisions. Corporate directors owe fiduciary duties to shareholders — challenged through derivative lawsuits. Financial advisors who are fiduciaries (RIAs, investment advisors) must recommend investments in the client's best interest, not just 'suitable' ones. Attorneys owe fiduciary duties to clients — violations can result in malpractice claims and bar discipline. Breach of fiduciary duty is a tort that can result in compensatory damages, disgorgement of profits, and punitive damages in egregious cases.

Understanding whether someone owes you a fiduciary duty — or whether you owe one — has major legal consequences. A financial advisor who is a fiduciary must act differently than one operating under a suitability standard. If you suspect a fiduciary has breached their duty (self-dealing, conflicts of interest, undisclosed compensation), an attorney can evaluate your claims and remedies.