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Breach of Trust Law Questions

Breach of trust occurs when someone fails to carry out promises attached to something or someone that has been entrusted to them. There are many forms of breach of trust; many of these pertain to business. For example, if an accountant was to embezzle money from their clients, this would be a breach of trust with his/her clients. Below are a few of the more frequently asked questions about breach of trust.

Are there any laws that prohibit an unauthorized third party (an attorney) from gaining access to personal checking/savings bank accounts and then giving (for a fee) that information to another unauthorized individual? Isn't this a breach of trust?

There are laws that are meant to prevent this type of activity. It is possible that it is a breach of trust or possibly identity theft. It would depend on how the individual gathered the information. People are urged to protect their passwords and change them regularly to avoid this type of information from leaking out. Generally, you would need to turn the information over to the police, as long as the person in question isn't a relative. The police will usually choose not to get involved in family matter because it would be considered a civil matter.

Since it is an attorney who accessed your personal information, your next step would be to report him/her to the state bar association. Once you report the attorney, the bar will make a determination as to whether his/her actions were unethical. If you have experienced monetary losses due to the invasion of privacy, you would be able to sue the person involved. However, if it was only your banking information that was released, the courts have determined that there is no actionable right to privacy where bank account information is concerned. Another option would be to file a complaint with the bank for allowing the information of your accounts to be released without your consent or a court issued subpoena.

Who determines when the statue of limitations starts on a breach of trust case? How should I represent my case to a lawyer if I think the statute of limitations might be up within the next month?

First of all, you need to give all of the facts, leaving no detail out and allow the attorney to summarize it. Usually, when the breach of duty occurred or when the breach was discovered would be the beginning date of the statute of limitations. When discussing the situation with the attorney, you first need to explain when this occurred, the money involved and that there isn't much time to sue before the statute of limitations runs out. Generally, an attorney will be willing to see you within 24 hours of your notice or at least have an associate speak with you.

Does Michigan have a law on breach of trust pertaining to a relationship between a man and woman? For example, if a man promises to marry a woman then backs out.

There are no laws pertaining to a breach of trust between a man and woman and the failure to follow through on a marriage promise. Law makers believe that it would be against public policy to dictate a person's right to decide whether or not to marry another person. This policy holds true even if one of the people involved in a relationship has been dependent upon the other individual promise of marriage.

Is it a breach of trust for a business partner to perform work related to the business outside of the business?

Generally, this would be considered a breach of trust only if there was a contract that stated the partner was not allowed to perform work outside of the business. Many people would consider this type of activity a breach of trust on a moral level, however if there isn't a legal binding contract keeping them from performing, there is no breach of trust. Furthermore, the partner would be able to not only perform work outside of the partnership, but also compete against the company as long as there isn't a contract to state otherwise.

A breach of trust generally occurs when someone breaks a trust between themselves and another party. Usually, a person fails to complete an agreed task; therefore they breach a trust between themselves and another individual. If you have questions or find yourself in the middle of a breach of trust issue, you should seek the legal insight of an Expert to assist you in your individual situation.
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