Breach of fiduciary duty, trustee disputes, and partnership conflicts where loyalty and care are on the line.
Black Law P.A represents corporate and individual fiduciaries, including trustees, executors and guardians in complex fiduciary litigation. Black Law P.A. recognizes our role in representing these fiduciary clients is critical to the role they play in representing each of their clients, and the Firm is familiar with the issues these fiduciaries encounter on a daily basis and in litigation.
Black Law P.A. has experience in the often emotionally-charged will contest and will construction matters, including determination of heirs, undue influence and lack of capacity matters. We recognize that when disputes between family members arise over family businesses, property, trusts and estates the stakes are often very high and, if not skillfully handled, the consequences can be irreparable
Black Law P.A. is equipped to handle these cases in Florida probate, civil and federal courts all the way through an appeal. And when the cases require creative solutions that cannot be achieved in court, the group has the experience to handle them in negotiation, mediation or arbitration. In some cases, resolving intra-family issues outside of the courts in these alternative forums removes the matter from public scrutiny to the clients’ benefit. Black Law P.A. also recognizes that the most effective defense is often a good offense.
“The process is always dynamic and requires 360-degree awareness of all aspects of an engagement – that’s part of why we enjoy it so much. We are flexible, and sensitive to the need to regularly calibrate strategies, action plans, and case budgets to maintain the clarity of your goals and objectives (which sometimes themselves change as a matter progresses). Light footprint, sustained onslaught, or anything in between… we are adaptable to the needs of your situation because while size and scope may vary, the core principles and our passion for solving your problems are enduring.”
Kelsey Black, Managing Partner
Fiduciary litigation covers disputes arising from a relationship of trust and confidence — most commonly involving trustees, business partners, corporate officers, agents, and certain professionals. Florida law recognizes both formal fiduciary duties (those imposed by statute or operating documents) and informal fiduciary duties that can arise from the parties' relationship and conduct.
Available remedies typically include compensatory damages, disgorgement of profits earned through the breach, removal of the fiduciary, injunctive relief, and in egregious cases, punitive damages. Some matters also support attorney's fee recovery under the operating documents or statute. The right combination depends on the nature of the breach and the relationship.
Yes. Conflicts permitting, the firm has represented trustees defending their conduct, beneficiaries challenging that conduct, and corporate officers facing fiduciary claims. The firm's perspective on both sides of the table informs the analysis on each.
Breach of fiduciary duty, trustee conflicts, partnership disputes — get in touch.