Does an attorney stand in a fiduciary relationship with his clients?

California, United States of America

The following excerpt is from Troppman v. Flaherty, C050417 (Cal. App. 5/30/2007), C050417 (Cal. App. 2007):

"An attorney stands in a fiduciary relationship with his clients. [Citation.] A client damaged in the context of such a relationship is under no duty to investigate her attorney's actions unless she has actual notice of facts sufficient to arouse the suspicions of a reasonable person. [Citations.] . . . To conclude otherwise . . . would in effect require a client to consult a second lawyer in every case for another opinion on every subject." (Krusesky v. Baugh (1982) 138 Cal.App.3d 562, 567-568; see also Johnson v. Haberman & Kassoy (1988) 201 Cal.App.3d 1468, 1476.)

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Does an attorney stand in a fiduciary relationship with his clients?

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