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 Hawaii, 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. This includes situations where an attorney's negligence results in harm to the client. The standard is based on what a reasonably prudent attorney would do under similar circumstances. Additionally, attorneys in Hawaii owe fiduciary duties to their clients, which include the duty of loyalty and the obligation 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 grounded in state law, and the specifics of these claims, including the statute of limitations for filing a lawsuit, may vary. In Hawaii, the statute of limitations for legal malpractice is generally two years from the date the malpractice was discovered, or should have been discovered, but no more than six years from the date of the act or omission in question.