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 Missouri, legal malpractice occurs when an attorney fails to exercise the degree of care, skill, and diligence that a reasonably prudent attorney would exercise in similar circumstances. This includes errors in judgment, negligence, and any breach of fiduciary duties, such as the duty of loyalty and confidentiality. To establish a legal malpractice claim in Missouri, 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. Breach of fidarious duty may involve conflicts of interest, self-dealing, or putting the attorney's interests above those of the client. These claims are governed by Missouri state law, and the specifics can vary based on the details of each case. It's important for clients to act within the statute of limitations, which is generally five years for legal malpractice claims in Missouri, as per Missouri Revised Statutes Section 516.120.