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Prince, Yeates & Geldzahler v. Young

Supreme Court of Utah

94 P.3d 179 (2004)

Relevant factsFree

Associate attorney Robert Young (defendant), while employed at Prince, Yeates & Geldzahler (plaintiff), secretly represented additional clients using the firm's resources without disclosure, retaining all resulting fees himself; he also, without informing the firm that a major contingency case had already settled for $650,000, attempted to renegotiate his agreed one-third cut of that fee before resigning when the firm would not meet his new terms. The firm sued for breach of fiduciary duty; the trial court denied the firm's summary judgment motion and granted Young's, and a jury later awarded Young $280,000 on other claims.

IssueFree

Whether an attorney owes a fiduciary duty to his or her employer, including the duty not to compete with the employer.

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