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 Maine, legal malpractice occurs when an attorney fails to perform their duties to the standard of care expected of a reasonable, prudent attorney under similar circumstances. This includes errors, omissions, or lack of diligence that results in harm to the client. Attorneys in Maine also owe fiduciary duties to their clients, such as the duty of loyalty, which requires them to act in the best interests of their clients and avoid conflicts of interest. Claims for legal malpractice and breach of fiduciary duty are grounded in state law, and the specifics can vary. In Maine, to prove legal malpractice, a client must typically show that the attorney owed a duty to the client, the attorney breached that duty, and as a direct result, the client suffered damages. The statute of limitations for legal malpractice claims in Maine is generally three years from the act or omission giving rise to the claim. It's important for clients to consult with an attorney specializing in professional malpractice law to understand the nuances of these claims in Maine.