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 Minnesota, legal malpractice occurs when an attorney fails to provide services to a client with the competence and diligence that a reasonable, prudent attorney would under similar circumstances, resulting in harm to the client. This standard is based on the expectation that attorneys will adhere to a professional standard of care. To establish a legal malpractice claim in Minnesota, a client must typically show that the attorney owed a duty to the client, the attorney breached that duty by acting negligently or failing to meet the standard of care, the breach caused the client's damages, and that actual damages resulted. Additionally, attorneys in Minnesota owe fiduciary duties to their clients, which include the duty of loyalty, meaning they must act in the best interests of their clients and avoid conflicts of interest. Breach of fiduciary duty may also give rise to a separate cause of action if the breach results in harm to the client. These claims are governed by Minnesota state law, and the specifics can vary based on the details of each case.