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 Indiana, legal malpractice occurs when an attorney fails to provide services at the level of care, skill, and diligence that a reasonable, prudent attorney would exercise under similar circumstances. This includes errors, omissions, negligence, and lack of competence or diligence that result in harm to the client. Indiana follows the 'case within a case' doctrine, meaning that to prevail in a legal malpractice claim, the plaintiff must show not only that the attorney breached the duty of care, but also that this breach resulted in a negative outcome in the underlying case. Additionally, attorneys in Indiana owe fiduciary duties to their clients, such as the duty of loyalty, which requires attorneys to act in the best interests of their clients and avoid conflicts of interest. Breach of these duties can also lead to claims against attorneys. Legal malpractice and breach of fiduciary duty claims are governed by state statutes and case law in Indiana, and the specifics can vary based on the individual circumstances of each case.