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 Mississippi, 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 follow the client's instructions. Additionally, attorneys in Mississippi 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 duties can lead to a claim of breach of fiduciary duty. Legal malpractice and breach of fiduciary duty claims are civil actions and are governed by state statutes and case law. The statute of limitations for legal malpractice in Mississippi is generally three years from the date of the act or omission giving rise to the claim. However, the specific circumstances of a case can affect this time frame, and potential plaintiffs should consult with an attorney to understand the applicable deadlines and legal requirements for their particular situation.