Wednesday, February 27, 2013
Sarah Patel Pacheco (Shareholder, Crain, Caton, & Jamesrecently published her article entitled Fiduciary Litigation: Avoiding (or Minimizing) The Traps, Tribulations, and Trials, 5 Est. Plan. & Community Prop. L.J. 95 (2012). The introduction to the article is below:
The term “fiduciary” means “any person who occupies a position of peculiar confidence towards another.” While these appointments often arise out of a relationship of trust, the fiduciary role can be a thankless one. Once appointed,fiduciaries face a host of issues including deciding to serve, balancing divergent interests, facing threats of litigation, and accounting for and defending their own actions.