The most common causes of action arising from attorney misconduct are negligence, breach of contract and breach of fiduciary duty. If the legal malpractice action attempts a collateral attack on the underlying settlement, the 1991 state Supreme Court case Muhammad v. Strassburger, 526 Pa. 541, 587 A.2d 1346 (1991), generally requires a cause of action in fraud.
In Beyers v. Richmond, 594 Pa. 654, 937 A.2d 1082 Pa., (2007), the state Supreme Court held the Unfair Trade Practices and Consumer Protection Law (UTPCPL) did not apply to misconduct arising from an attorney-client relationship.
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