Duty of Confidentiality

• An attorney's duty to keep information confidential prohibits the disclosure of any information about a client's case without the client's consent. This rule applies even if the client has not requested that the attorney keep the information confidential. The purpose of this rule is to foster a relationship based on candor and trust between the client and the attorney. This duty continues for an indefinite period.
  
  Exceptions to this rule apply when a client sues an attorney for malpractice, when an attorney sues the client for the nonpayment of fees, when a client brings a disciplinary action against the attorney, and, depending on state law, when a client tells an attorney of his or her intent to kill or cause substantial bodily harm to someone.
  
  

Duty of Loyalty

• An attorney has a duty of loyalty to a client. An attorney may violate this duty of loyalty if the representation of another client, a personal interest or the interest of a third party materially limits or is adverse to his representation of the client. If there is a potential conflict, an attorney must inform each client of the conflict and obtain written consent to represent both.
  
  

Fiduciary Duty

• Attorneys owe fiduciary duties to their clients. An attorney has a fiduciary duty regarding fee agreements. This duty helps prevent billing fraud. In most states, an attorney must put a fee agreement in writing. Typical provisions include the fee amount for the services, the services the attorney will provide, and what expenses the attorney will deduct from a settlement.
  
  An attorney's fiduciary duty also extends to safeguarding a client's property. An attorney must store it in a safe place, keep accounting records, and hold money for a client in a client trust account. The proper storage of a client's property helps prevent misappropriation.
  
  

Duty of Competence

• An attorney has a duty to provide a client with competent service. This means that the attorney must have the legal knowledge and skill reasonably necessary to represent the client. Forgetting to file a motion for a client, the failure to file a legal suit prior to the running of the statute of limitations, or giving bad legal advice are examples of incompetence.
  
  

Bringing a Malpractice Lawsuit

• Most legal malpractice lawsuits are brought under the theory of negligence, but other common theories of liability include breach of fiduciary duty and breach of contract. The party suing an attorney for legal malpractice must establish the following elements: the attorney owed the plaintiff a duty, the attorney breached the duty, the attorney's breach caused harm or injury to the plaintiff, and the harm or injury resulted in a financial loss.