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 Kansas, legal malpractice occurs when an attorney fails to provide services at the level of care, skill, and diligence that a reasonably prudent attorney would provide 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 Kansas, the 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 damages. Additionally, attorneys in Kansas 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. Legal malpractice and breach of fiduciary duty claims are civil actions and are governed by state statutes and case law. It's important for clients to act promptly if they believe their attorney has committed malpractice, as there are statutes of limitations that restrict the time frame within which a claim can be filed.