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 New Jersey, legal malpractice occurs when an attorney fails to provide the standard of care that a reasonably prudent attorney would have provided under similar circumstances, resulting in harm to the client. This standard encompasses various duties, including competence, diligence, and the duty to communicate. To establish a legal malpractice claim in New Jersey, a client must typically prove that the attorney owed a duty to the client, the attorney breached that duty, and the breach was the proximate cause of the client's damages. Additionally, attorneys in New Jersey owe fiduciary duties to their clients, such as the duty of loyalty and the duty to avoid conflicts of interest. Breach of these fiduciary duties can also give rise to a claim. Legal malpractice and breach of fiduciary duty claims are civil actions and are governed by state statutes, case law, and the Rules of Professional Conduct as adopted by the New Jersey Supreme Court.