Legal malpractice is generally the term for an attorney’s negligence when the attorney’s work or representation of the client is below the standard or duty of care for what a reasonable, prudent attorney would have done in the same or similar circumstances. Attorneys also owe their clients fiduciary duties, including the duty of loyalty. Legal malpractice and breach of fiduciary duty claims against attorneys are based on state law and vary from state to state.

In Virginia, legal malpractice occurs when an attorney fails to exercise the degree of care, skill, and diligence that other reasonable attorneys would demonstrate under similar circumstances, leading to harm or loss to the client. This standard is based on the concept of negligence. To establish a legal malpractice claim in Virginia, a client must typically prove that the attorney owed a duty to the client, the attorney breached that duty by acting negligently or making a mistake, the breach was the proximate cause of the client's damages, and that actual financial loss resulted. Additionally, attorneys in Virginia owe fiduciary duties to their clients, which include the duty of loyalty, meaning they must act in the best interests of their clients and avoid conflicts of interest. Breach of fiduciary duty may give rise to a separate cause of action if the breach results in harm to the client. These claims are governed by Virginia state law, and the specifics can vary based on the details of each case and evolving case law.