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Fiduciary Breach



legal malpractice attorney PJH

Overview of Minnesota Legal Malpractice

In order to establish a claim for legal malpractice, one needs to show:

1) An attorney-client relationship with the lawyer or law firm;

2) Wrongful conduct on the part of the lawyer or law firm; and that

3) The wrongful conduct caused the client harm.

The wrongful attorney conduct that gives rise to a valid claim for legal malpractice is often some form of neglect or carelessness. This type of negligence is also referred to as a breach of the attorney's duty of care. For more information about legal malpractice claims involving carelessness, see Minnesota attorney negligence.

Another type of attorney misconduct that may result in a legal malpractice claim involves the breach of an attorney's fiduciary duties. This type of claim is typically an ethical violation. In contrast with a claim of negligence, this presents a claim due to the attorney's failure to comply with the applicable standards of conduct. For more information, see lawyer's breach of fiduciary duties.

Time Limit for Minnesota Legal Malpractice Claims

Under Minnesota law, legal malpractice claims are subject to a 6 year statute of limitations.  If the legal claim is not brought before the 6 year time period has expired, it will be barred.  In general, the time period to commence suit for legal malpractice against a Minnesota attorney begins to run when the client sustains injury, even if the client does not realize that the lawyer’s conduct has caused the client damage.

If you think that you may have been damaged by the conduct of an attorney, in order to prevent your claim from becoming time-barred, you should seek the professional advice of another lawyer as soon as possible. 

The views and opinions expressed in this page are strictly those of the page author.
The contents of this page have not been reviewed or approved by the University of Minnesota.