Drew, Cooper & Anding partners John Anding and Ted Westbrook shared some of the insights they have gained from years of representing clients–both plaintiffs and defendants–in bank litigation in a recent article published in the Michigan Bar Journal, Banks Bona Fide: A Good-Faith Approach to Lender Liability. In the article, Anding and Westbrook relate some of the challenges faced by individuals and small businesses who have been victims of wrongful conduct by banks or have been sued by banks. They also discuss a potential tool available to those involved in legal conflicts with banks: the banks' legal duty to act in “good faith” in various situations. In some cases a breach of this duty–which essentially is a duty to act honestly and reasonably–can lend considerable weight to a claim against a bank for wrongdoing or a defense to claims brought by a bank.
DCA has extensive experience analyzing and litigating claims brought by and against banks and other financial institutions. Contact us if you face a conflict with a bank and need legal advice or representation.