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 West Virginia, 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 attorneys under similar circumstances. This includes errors in judgment, negligence, and any breach of fiduciary duties, such as the duty of loyalty and confidentiality. To establish a legal malpractice claim in WV, a client must typically show that the attorney owed a duty to the client, the attorney breached that duty, and as a direct result, the client suffered damages. Breach of fiduciary duty may involve situations where an attorney has a conflict of interest or engages in conduct that benefits the attorney at the expense of the client. These claims are governed by state statutes and case law, and the specifics can vary based on the individual circumstances of each case.