4:1 Introduction

• Jurisdiction: Arizona

§ 4:1 Introduction

The most common cause of action brought against attorneys by their clients in Arizona is negligence, while the second most common cause of action is breach of fiduciary duty. An attorney may be liable on either theory or on both simultaneously, depending on the facts.

In Cecala v. Newman,^[124] the court nicely defined each theory and summarized the relationship between the two:

In Arizona, ‘an attorney must act for his client in a reasonably careful and skillful manner in light of his special professional knowledge.’ Martin v. Burns, 102 Ariz. 341, 343, 429 P.2d 660, 662 (1967). A lawyer is also a fiduciary with a duty of loyalty, confidentiality, and obedience to the client. In re Estate of Shano, 177 Ariz. 550, 557, 869 P.2d 1203, 1210 (Ct. App.1993). Indeed, ‘[t]he Arizona courts have...