Gathering Evidence in a DC Breach of Fiduciary Duty Claim

Gathering and presenting evidence is one of the most important aspects of any legal case. However, a breach of fiduciary duty claim could suffer if the claimant does not know how to collect and organize records in a way that is useful for the case.

An experienced attorney could assist anyone gathering evidence in a DC breach of fiduciary duty claim. Speak to an experienced attorney today to learn how to proceed with your case.

Common Types of Evidence in DC

The types of evidence needed to prove breach of duty depends on the role of the fiduciary. For example, if a fiduciary is managing trust assets, a claimant may need to produce evidence showing what happened while the trustee oversaw the assets.

This evidence could establish any damages or losses the claimant sustained. Potential documents that could act as evidence may include account statements or photographs of property damage. In addition to corporate documents, in a business breach of fiduciary duty claim, email often serves as a critical source of evidence.  It may also be helpful to gather the names of any potential witnesses whose testimony could support the case. To prepare for an initial consultation, a claimant should collect as much evidence as possible to demonstrate the breach of duty.

Role of an Attorney When Collecting Evidence

Once retained, a lawyer could issue a retention letter, which would instruct the trustee to freeze all assets in the trust and preserve all records. This would put the burden on the fiduciary to gather evidence to present to the court.  If a fiduciary fails to protect evidence and the case proceeds, the failure could be detrimental to the case as it could lead to claims of spolitation or other sanctions.

After the trustee is notified, a lawyer could then work with the beneficiaries of the trust to draft the documents necessary to file a claim and collect additional evidence, such as account statements or other data in the hands of third-parties. An attorney could compile and analyze this evidence to create a strong argument to support the beneficiary’s case.

Additionally, a lawyer might collect a witness testimony from the trustee. If there was a breach in duty, this testimony could highlight inconsistencies in the record. Expert witnesses may also provide their opinion of what a reasonable fiduciary in a similar situation should have done and why the defendant’s actions are considered a breach of duty. Hiring a local attorney may give beneficiaries access to the resources needed to succeed in a breach of fiduciary duty case.

Potential Obstacles to Gathering Evidence

Trusts and other contracts can be complex, so it is important to gather evidence to provide the court with a clear idea of what each party intended and who did not fulfill their obligations. This process is time-consuming in the best of circumstances.

There are often many parties involved in a contract, so collecting witness testimony could be difficult if some people are unavailable or have trouble remembering details. Others may be hostile.  Additionally, missing documents could slow down the search process, which could muddy issues. A lawyer could help claimants navigate these obstacles when looking for evidence in their breach of fiduciary duty case.

Contact a DC Breach of Contract Lawyer

An attorney who focuses on breach of contract disputes should know where to look for evidence and how to use it to form a strong case. If you are struggling with gathering evidence in a DC breach of fiduciary duty claim, reach out to the office today. A lawyer may be able to help you streamline the process of collecting evidence.