Legal Question in Business Law in New York

my lawyer broke my fiduciary trust

i was going to be selling my business, and it turns out my lawyer knew the people i was in contract to sell to. he went behind my back..and told the buyers how much money i owed and that i was behind in my rent. the buyers then reduced the sale price after we negiotated and agreed to a number, which was a lot less than what we agreed on. i told my lawyeri wasnt going for less than the agreed price. my lawyer then went to my landlord and was trying to make a deal with him for when i get evicted.(which wouldnt happen..because i am friends with them. he also had private meetings with the buyers without my knowledge and said things in front of my broker and the buyer that he shouldnt of. the deal broke apart and my lawyer now wants to charge me $3000 for writing a contract. everyone tells me i can sue him for breaking my fiduciary trust, since i have good witnesses that he did. do i have a case? is it hard to sue a lawyer?(sorry it was so long)


Asked on 10/20/05, 11:09 am

3 Answers from Attorneys
Peter Moulinos Moulinos & Associates LLC

Re: my lawyer broke my fiduciary trust

I would need to find out the specifics as to what was said to the buyers which allegedly caused the lawyer to breach his fiduciary duty. Advising the buyers that you are behind in your rent isn't a breach of that duty since any default under the lease to be transferred would need to be disclosed to the buyer.

The tough part about suing a lawyer is finding another lawyer to do it. Most won't take on such a case.

Feel free to contact me if you'd like to discuss this matter in further detail.

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Answered on 10/20/05, 11:15 am
Walter LeVine Walter D. LeVine, Esq.

Re: my lawyer broke my fiduciary trust

If all you said is true, and I have no reason to doubt you, it apperas there may have been a conflict of interest and some ethical violations, although he did have some responsibility to notify the Buyer about the arrearages in rent, if a lease assignment was part of the deal. I suggest you contact the local Bar Association Ethics Committee, to consider filing a complaint against him. There may also be a fee arbitration committee, as part of the Bar Association, that can be contacted about his bill.

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Answered on 10/20/05, 11:28 am
Robert Jay Dinerstein Dinerstein & Lesser, P.C.

Re: my lawyer broke my fiduciary trust

Assuming your account of the facts is both comprehensive and accurate, it would appear that, in addition to filing a grievance as against the attorney and/or going to fee arbitration, you may have a legally sufficient foundation for a civil suit sounding in breach of contract/malpractice, betrayal of a confidence in violation of the attorney-client privilege and intentional interference with a contractual relationship to your detriment.

Yes, it is difficult to find attorneys who are willing to sue other attorneys, but they are out there.

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Answered on 10/20/05, 12:32 pm


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