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 York, legal malpractice occurs when an attorney fails to exercise the care, skill, and diligence that a reasonable, prudent attorney would in similar circumstances, resulting in harm to the client. To establish a legal malpractice claim in New York, a client must demonstrate that the attorney breached the duty of care, that this breach was the proximate cause of the client's damages, and that actual damages resulted. Additionally, attorneys in New York owe fiduciary duties to their clients, including the duty of loyalty, which requires attorneys to act in the best interests of their clients and avoid conflicts of interest. Breach of fiduciary duty claims may arise when an attorney acts in a manner that benefits themselves or a third party at the expense of the client. Both legal malpractice and breach of fiduciary duty claims are grounded in state law and are subject to the statutes and case law of New York.