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 Dakota, legal malpractice occurs when an attorney fails to provide services at the level of care, skill, and diligence that is reasonably expected of a similar attorney under similar circumstances. This includes errors, omissions, negligence, and lack of competence. To establish a legal malpractice claim in North Dakota, a client must typically show that the attorney owed a duty to the client, the attorney breached that duty, and as a result, the client suffered damages. Additionally, attorneys in North Dakota 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 fiduciary duties can also lead to legal action. The specifics of legal malpractice and breach of fiduciary duty claims are governed by North Dakota state statutes and case law. It is important for clients to act within the statute of limitations, which generally requires filing a claim within six years of the alleged malpractice or breach.