Professional Negligence – Breach of Fiduciary Duty in

Background

“In a general sense a fiduciary is a person holding the character of a trustee, or a character analogous to that of a trustee, in respect to the trust and confidence involved in it and the scrupulous good faith and candor which it requires." (See Durham v. Durham (2021) IL App (5th) 200140, 20.)

“A fiduciary duty has been defined as [a] duty to act for someone else's benefit, while subordinating one's personal interests to that of the other person." (See id.)

“A fiduciary duty is deemed to be the highest standard of duty implied by law." (See id.)

General Information for Complaints and Motions

“A confidential or fiduciary relationship exists where one party reposes special trust and confidence in another who accepts that trust and confidence and thereby gains superiority and influence over the subservient party." (See Khan v. BDO Seidman, LLP (2011) 408 Ill. App. 3d 564, 585.)

"Broadly stated, a fiduciary relationship is one founded upon trust or confidence reposed by one person in the integrity and fidelity of another.” (See id.)

"[I]n order to state a claim for breach of fiduciary duty, it must be alleged that a fiduciary duty exists, that the fiduciary duty was breached, and that such breach proximately caused the injury of which the plaintiff complains.” (See Prime Leasing, Inc. v. Kendig (2002) 332 Ill. App. 3d 300, 313.)

Standard of Review and Burdens of Proof

“The standard for review on a trial court's granting of summary judgment is de novo.” (See American Standard Insurance Co. v. Gnojewski (2001) 319 Ill. App. 3d 970, 975.)

“The reviewing court must examine the affidavits, pleadings, admissions, and depositions on file, and it should construe the evidence against the moving party.” (See id.)

“A summary judgment is appropriate if there is no genuine issue of material fact and the moving party is entitled to a judgment as a matter of law.” (See id.)

“When the relationship between the parties is not one that gives rise to a fiduciary relationship as a matter of law, the party asserting the existence of the relationship has the burden of establishing such by clear and convincing evidence.” Prime Leasing, Inc. v. Kendig, 332 Ill. App. 3d 300, 314 (Ill. App. Ct. 2002)

The Court’s Decisions

It is well settled that “generally, [e]very person who accepts the responsibility of acting on behalf of another is a fiduciary.” (See Advantage Mktg. Grp., Inc. v. Keane (2019) 436 Ill. Dec. 644, 653.)

It is also well settled that “the attorney-client relationship constitutes a fiduciary relationship as a matter of law.” (See In re Winthrop (2006) 219 Ill. 2d 526, 543.)