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 Colorado, legal malpractice occurs when an attorney fails to perform their duties to the standard of care expected of a reasonable, prudent attorney under similar circumstances, resulting in harm to the client. This standard encompasses various aspects of legal practice, including but not limited to, competence, diligence, and communication. Additionally, attorneys in Colorado owe fiduciary duties to their clients, which include the duty of loyalty and the duty to act in the best interests of the client. Breach of these duties can lead to a claim of breach of fiduciary duty. Both legal malpractice and breach of fiduciary duty claims are civil actions and are governed by state statutes and case law. The Colorado Supreme Court has established rules of professional conduct that attorneys must follow, and failure to adhere to these rules can be evidence of malpractice. It's important for clients to act within the statute of limitations, which in Colorado is generally two years from the date the client discovered or should have discovered the attorney's error.