Recently, the United States District Court for the Eastern District of Missouri addressed claims brought by Paul Henreid against his former attorneys and their law firm. See Henreid v. Kodner Watkins LC, 2024 WL 5200857 (E.D. Mo. Dec. 23, 2024). Henreid alleged misconduct during their representation, including breach of fiduciary duty, negligence, and fraud.
A key concept the court sought to discuss was the distinction between breach of fiduciary duty and legal malpractice claims. Notably, while both claims arise from the attorney-client relationship, they are based on different legal theories and facts.
A breach of fiduciary duty claim focuses on the attorney’s obligations of loyalty and confidentiality. An attorney breaches these duties by placing his or her interests above the client’s or by failing to maintain confidentiality. In contrast, legal malpractice focuses on the attorney’s competence and diligence in handling the client’s case and occurs when the attorney fails to exercise the requisite standard of care in providing legal services.
In Henreid, the plaintiff alleged the defendants breached their fiduciary duties by publicizing his legal matters against his explicit instructions and making false statements to the media, thereby prioritizing their interests over his and violating the duties of loyalty and confidentiality. Similarly, Henreid alleged the defendants were negligent (i.e. committed legal malpractice) by violating the standard of care they owed him under the attorney-client relationship. Notably, the court allowed both claims to proceed past the motion to dismiss phase, recognizing Henreid’s claims for breach of fiduciary duty and legal malpractice were based on separate theories: the former on loyalty and confidentiality, and the latter on the standard of care.
Henreid highlights the minor but distinct nuances between the two legal theories and underscores why attorneys must adhere to both the standard of care and the fiduciary obligations that arise when representing clients and clients’ wishes.
