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 Iowa, legal malpractice occurs when an attorney fails to provide services at the level of care, skill, and diligence that a reasonably competent attorney would provide under similar circumstances. This includes errors in judgment, negligence, and any breach of the attorney's duty to provide competent representation. Additionally, attorneys in Iowa 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. Legal malpractice and breach of fiduciary duty claims are civil actions and are governed by Iowa state law. To succeed in a legal malpractice claim, the client must typically prove that the attorney's conduct fell below the standard of care, that this conduct caused the client harm, and that as a result, the client suffered damages. The statute of limitations for legal malpractice in Iowa is generally five years from the date of the act or omission giving rise to the claim.