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 Rhode Island, legal malpractice occurs when an attorney fails to provide services at the level of care, skill, and diligence that is commonly possessed and exercised by other members of the legal profession under similar circumstances. This includes errors, omissions, or lack of competence in their legal work. Additionally, attorneys in Rhode Island owe fiduciary duties to their clients, which include the duty of loyalty, meaning they must act in the best interests of their clients and avoid conflicts of interest. Breach of these duties can lead to a claim of breach of fiduciary duty. Both legal malpractice and breach of fiduciary duty claims are civil actions and are governed by Rhode Island state law. To succeed in a legal malpractice claim, the client must typically prove that the attorney's negligence caused them harm or a negative outcome in their case. The statutes of limitations for these claims are set by state law, and it is important for clients to act within these time frames to seek redress.