Legal malpractice is generally the term for an attorney’s negligence when the attorney’s work or representation of the client is below the standard or duty of care for what a reasonable, prudent attorney would have done in the same or similar circumstances. Attorneys also owe their clients fiduciary duties, including the duty of loyalty. Legal malpractice and breach of fiduciary duty claims against attorneys are based on state law and vary from state to state.

In Alabama, legal malpractice occurs when an attorney fails to exercise the standard of care, skill, and diligence that other reasonable attorneys would under similar circumstances, resulting in harm to the client. This standard is determined based on the legal knowledge, skill, and care that is ordinarily possessed and exercised by members of the legal profession in Alabama. To prove legal malpractice, a client must typically show that the attorney owed a duty to the client, the attorney breached that duty, and the breach was the proximate cause of the client's damages. Additionally, attorneys in Alabama owe fiduciary duties to their clients, which include the duty of loyalty, meaning they must act in the best interests of their clients and avoid conflicts of interest. Breach of fiduciary duty may give rise to a separate cause of action if the attorney's conduct violates these obligations. Claims for legal malpractice and breach of fiduciary duty are based on Alabama state law, and the specifics can vary depending on the facts of each case and evolving case law.