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» How to Protect Yourself


How to Protect Yourself

Protection from breach of duty claims is largely a matter of orderly procedure and good record-keeping.

Naturally, you should familiarize yourself with the appropriate standard of care and endeavor to meet it, but even strict adherence to the standard is of little value in a subsequent claim or proceeding if you have failed to document your adherance to such procedures*.

Breach of fiduciary duty claims turn more on procedure than on correctness. Making the wrong decision on a given issue is not necessarily fatal, but your failure to weigh the appropriate considerations may be. Therefore, developing an orderly procedure, following it in every case, and documenting that you have done so are key.

Finally, be sure to retain and store that documentation in a safe place. Periodic payment settlements can run for decades; your defenses had better remain in place an equal duration.


*See the Grillo case as reported in Lawyer's Weekly and a discussion of the issues it raises in the Journal of the Virginia Trial Lawyers Association