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 Florida, legal malpractice occurs when an attorney fails to provide services at the level of care, skill, and diligence that is recognized as acceptable according to legal standards and which results in harm to the client. This includes situations where an attorney's performance falls below the standard expected of a reasonably prudent attorney under similar circumstances. To establish a legal malpractice claim in Florida, a client must typically prove that the attorney owed a duty to the client, the attorney breached that duty, and as a direct result of the breach, the client suffered damages. Additionally, attorneys in Florida 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 claim against the attorney. The specifics of legal malpractice and breach of fiduciary duty claims are governed by Florida state statutes and case law, and the statutes of limitations for these claims are set by state law.