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 Maryland, legal malpractice occurs when an attorney fails to exercise the standard of care that a reasonably prudent attorney would have provided under similar circumstances, resulting in harm to the client. This standard encompasses various duties, including competence, diligence, and the duty to communicate effectively with clients. Maryland attorneys also owe fidarious 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. To establish a legal malpractice claim in Maryland, a client must typically prove that the attorney owed a duty to the client, the attorney breached that duty, the breach was the proximate cause of the client's harm, and that the client suffered a loss as a result. Breach of fiduciary duty claims may involve additional elements such as a breach of confidentiality or misuse of a client's funds. These claims are governed by Maryland state law, and the specifics can vary based on the facts of each case and evolving case law.