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 Oklahoma, 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. This includes errors, omissions, or negligence in the course of legal representation. To establish a legal malpractice claim in Oklahoma, 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 harm, and that damages resulted from the breach. Additionally, attorneys in Oklahoma 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 a claim. Legal malpractice and breach of fiduciary duty claims are governed by state statutes and case law in Oklahoma, and the specifics of these claims can vary based on the individual circumstances of each case.