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 Arizona, legal malpractice occurs when an attorney fails to exercise the level of care, skill, and diligence that a reasonable attorney would provide in similar circumstances, resulting in harm to the client. This standard is based on state common law and is shaped by case law. To prove legal malpractice in Arizona, a client must typically show that the attorney owed a duty to the client, the attorney breached that duty by acting negligently or making a mistake, the breach was the proximate cause of the client's damages, and that actual financial loss resulted. Additionally, attorneys in Arizona 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 lead to a separate cause of action against an attorney. The specific application of these principles can vary, and statutes of limitations apply, so it is important for clients to act promptly if they believe they have a claim for legal malpractice or breach of fiduciary duty.