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 North Carolina, legal malpractice occurs when an attorney fails to provide services at the standard of care that a reasonably prudent attorney would have provided under similar circumstances, resulting in harm to the client. This standard is based on the expectation that attorneys will competently perform their legal duties and adhere to the professional and ethical standards set forth by the state's legal system. Additionally, attorneys in North Carolina 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. Claims for legal malpractice and breach of fiduciary duty are civil actions and are governed by state statutes and case law. To succeed in a legal malpractice claim in North Carolina, a client must typically prove that the attorney owed a duty to the client, the attorney breached that duty, the breach was the proximate cause of the client's damages, and that actual damages occurred.