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 Connecticut, legal malpractice occurs when an attorney fails to provide services at the level of care, skill, and diligence that is commonly provided by other attorneys under similar circumstances, resulting in harm to the client. This standard is based on the concept of negligence. To establish a legal malpractice claim in Connecticut, 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 damages occurred. Additionally, attorneys in Connecticut 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 fiduciary duties can also give rise to a separate cause of action. The specific elements and nuances of legal malpractice and breach of fiduciary duty claims are governed by Connecticut state statutes and case law.