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 Vermont, legal malpractice occurs when an attorney fails to perform their duties to the standard of care that a reasonably prudent attorney would provide under similar circumstances, resulting in harm to the client. This standard is based on the expectation that attorneys will competently handle legal matters and offer advice that is in line with the practices of the legal profession. Additionally, attorneys in Vermont owe fiduciary duties to their clients, which include the duty of loyalty, meaning they must act in the best interests of their clients without any conflict of interest. If an attorney breaches these duties, clients may have grounds to file a legal malpractice or breach of fiduciary duty claim. The specifics of these claims, including the statute of limitations for filing and the potential damages that can be recovered, are governed by Vermont state law. It is important for clients to consult with an attorney specializing in professional malpractice to understand their rights and the complexities of pursuing such a claim in Vermont.