What is a breach of duty of loyalty?
An attorney owes his or her client a fiduciary duty of the highest character. That duty includes a duty of loyalty, meaning that an attorney may not accept employment from another client or act in a manner that is against the interests of a current client without client consent, even as to an unrelated matter, and even if the current client is not a named party in the matter in which the adversity occurs. An attorney is required to maintain client confidences at every peril to him or herself, unless the client secret involves the intention to commit a future crime or fraud, or the client intends to commit perjury. An attorney is also required in civil litigation matters to promptly communicate all settlement offers to his client that are received from other parties to the case. Other conduct may amount to a breach of fiduciary duty, depending on the circumstances. Do I have a case? To win a case for legal malpractice, the plaintiff must prove that the following things are more likely t
