A client who attempts to recover from an attorney does so because the client feels that the attorney has acted negligently. The concepts of standard of care, negligence, and damages are usually associated with actions in tort. However, while an examination of applicable Virginia law reveals that concepts usually associated with tort apply to legal malpractice, the presence of elements of negligence does not always equal tort.
R. P. Childress Jr.,
Legal Malpractice in Virginia: Tort or Contract?,
U. Rich. L. Rev.
Available at: http://scholarship.richmond.edu/lawreview/vol16/iss4/10