What Is Malfeasance?
Malfeasance is the commission of an act that is positively unlawful or wrongful — conduct a person had no right to undertake at all. The term is most often applied to public officials and fiduciaries who abuse their position, such as an officeholder taking a bribe or a trustee intentionally misusing trust funds. The defining feature is that the act itself is wrongful, not merely done carelessly.
Malfeasance, Misfeasance, and Nonfeasance
These three related terms are easy to confuse but legally distinct:
- Malfeasance — performing an act that is wholly wrongful or unlawful
- Misfeasance — performing a lawful act in an improper or negligent way
- Nonfeasance — failing to perform a duty that one was obligated to perform
For example, a public official who embezzles funds commits malfeasance; one who mishandles a proper task commits misfeasance; one who simply ignores a required duty commits nonfeasance.
Consequences in Florida
Depending on the facts, malfeasance by a public officer or fiduciary can lead to criminal prosecution, removal or suspension from office, civil liability to those harmed, and in some cases forfeiture of benefits. In the private fiduciary context — a trustee, personal representative, or corporate officer — malfeasance can support a claim for breach of fiduciary duty and a demand for an accounting.
Related Terms
- Fiduciary Duty — The duty malfeasance often breaches
- Breach of Fiduciary Duty — A civil claim arising from malfeasance
- Negligence — Distinguished from the intentional wrong of malfeasance
Barnes Walker Litigation
Barnes Walker's litigation attorneys pursue and defend claims involving fiduciary misconduct, breach of duty, and official wrongdoing across Southwest Florida. Request a legal inquiry for assistance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC