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 Ohio, legal malpractice occurs when an attorney fails to perform their duties to the standard of care expected of a reasonable, prudent attorney under similar circumstances, resulting in harm to the client. This standard encompasses various aspects of legal practice, including but not limited to, competence, diligence, and communication. Ohio follows the 'four Ds' of legal malpractice: duty, dereliction (negligence), direct causation, and damages. To establish a claim, a client must prove that the attorney owed them a duty of care, the attorney breached that duty through negligent actions or inactions, this breach directly caused harm, and as a result, the client suffered damages. Additionally, attorneys in Ohio owe fiduciary duties to their clients, such as the duty of loyalty, which requires attorneys to act in the best interests of their clients and avoid conflicts of interest. Breach of these fiduciary duties can also give rise to legal claims. The specifics of legal malpractice and breach of fiduciary duty claims are governed by Ohio state statutes and case law.