Utah Breach of fiduciary duty -- Legal malpractice
The essential elements of legal malpractice based on breach of fiduciary duty include the following:
(1) an attorney-client relationship;
(2) breach of the attorney's fiduciary duty to the client;
(3) causation, both actual and proximate; and
(4) damages suffered by the client. Cf. Harline, 854 P.2d at 598 (enumerating elements of legal malpractice based on negligence).
Kilpatrick v. Wiley, Rein & Fielding, 909 P.2d 1283, 1290 (Utah Ct. App. 1996)