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 Illinois, legal malpractice occurs when an attorney fails to exercise the level of care, skill, and diligence that a reasonably careful attorney would use under similar circumstances. This includes errors in judgment, negligence in handling a case, or failure to apply the law correctly. To establish a legal malpractice claim in Illinois, a client must prove that the attorney owed a duty to the client, the attorney breached that duty, and as a direct result, the client suffered damage. Additionally, attorneys in Illinois 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 lead to claims against attorneys. The specifics of legal malpractice and breach of fiduciary duty claims are governed by Illinois state law, and the statutes and case law in Illinois will determine the outcome of such claims.