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 Montana, legal malpractice occurs when an attorney fails to exercise the level of care, skill, and diligence that a reasonable attorney in the same situation would provide. This includes errors in the practice of law, such as failing to meet court deadlines, mishandling client funds, providing poor legal advice, or failing to follow a client's instructions. Additionally, attorneys in Montana 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 in Montana. To succeed in a legal malpractice claim, the client must typically prove that the attorney's negligence caused them harm or a negative outcome in their case. It's important for clients to be aware that there are statutes of limitations that apply to legal malpractice claims in Montana, which dictate the timeframe within which a client must file a lawsuit.