The Attorney’s Fiduciary Duty - What it means.

Every lawyer in Texas should know that he or she owes a fiduciary duty to each client. But where does that duty come from, and what does it entail? Here's a brief legal update on one of the attorney’s oldest duties under Texas law. 

Like in most other states, Texas attorneys are deemed to automatically have a fiduciary relationship with their clients. In short, this relationship means that the attorney, as a matter of course, owes the client a strict duty of loyalty and fair dealing under the common law due to the relationship of trust and confidence inherently present in an attorney-client engagement. Of course, this duty is not mutual: clients owe no such fiduciary duty to their attorneys and owe them no duty of loyalty whatsoever.

While there is a common misconception that the lawyer’s fiduciary duty to their clients derives from Texas’…