Is There Payback for Marital Infidelity?

Cheating on a spouse can be expensive. And it’s common for a spouse involved in marital infidelity to use community property financial resources to fund the affair. Can the cuckolded spouse get paid back on divorce? Continue reading

Endless Summons: No Statute of Limitations on Spouse’s Claim for Breach of Fiduciary Duty

 

Endless Summons: No Statute of Limitations on Spouse’s Claim for Breach of Fiduciary Duty

The appellate decision in Yeh v Tai (2017) 18 CA5th 953 completely misses the main issue in the case but still makes an important point about breach of fiduciary duty claims against a deceased spouse. Continue reading

How to Build an Effective Ethical Wall

With attorney movement on the rise between firms, it’s critical that attorneys and firms pay close attention to conflicts of interest that can come up when attorneys in practice for years are integrated into new firms. When a conflict is identified, firms can use ethical walls to prevent breaches of fiduciary duties and big hits to the firm, including disgorgement of attorney fees, malpractice claims, and loss of clients. Continue reading

Let’s Buy a Beach House Together! Or Maybe Not.

ThinkstockPhotos-501740366When friends decide to buy vacation property together, they may not consider the legal status of their relationship—at least until litigation starts. Importantly, they may not be aware that they might have formed a general partnership and thus have fiduciary duties to each other. Continue reading

Using Fiduciary Accountings as a Client Management Tool

178406759When representing a fiduciary such as a conservator or personal representative, you’re often dealing with a lay person who may be feeling overwhelmed by unfamiliar responsibilities. One way to bring the situation under control is to use the fiduciary accounting as a client management tool. Here’s how. Continue reading