What is New York Faithless Servant Doctrine about?

[NickSkidoo]

What is the name of your state (only U.S. law)? New York

I have been reading about this doctrine for a couple of days. Why do they have this doctrine?

The reason for me asking this question: I contact a lawyer when I was having some legal issues. I trusted the guy and he seemed very nice. The bills and fees for the lawyer was quite a bit but I didn't mind; if you do a job you're suppose to be paid.

I have now discovered that the lawyer lied to me in the case and concealed material of facts in order for me to acted upon the information which wasn't accurate at all. From my understand that a fiduciary breach would be to provide disloyal service for personal gain or benefit.

The attorney lied to me and concealed material of facts in order for him to get paid quicker and get the case out of the way. I trusted him and he didn't have to do this to me.

Could I file a case in smalls claims court for the maximum amount in order to recover a portion of fees I had to pay him?

 

[You Are Guilty]

Could I file a case in smalls claims court for the maximum amount in order to recover a portion of fees I had to pay him?

http://www.courts.state.ny.us/admin/feedispute/index.shtml
Read and enjoy. It's even easier (and less expensive) than filing a Small Claims case.

Good luck.

 

[NickSkidoo]

Thank you Latigo for taking the time to answer my question; it is very well appreciated.

Website: http://fkks.com/newsletter.asp?pageID=2&newsletterID=3

"The "faithless servant" doctrine has been applied to all types of agents, including salaried employees, brokers, attorneys, artist and celebrity representatives, and executors of estates. And courts have applied it to a wide variety of misconduct, including conflicts of interest, secretly persuading other employees to start a competing business, stealing money or goods, and, in the case of a lawyer, violating the New York Code of Professional Responsibility while representing a client".

I have started filing out the form to file a complaint thanks to your advice.


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Thank you You Are Guilty for the helpful link, much appreciation