Brien Roche Law-01

Legal Malpractice Attorney

Have you suffered loss from a legal professional? We can help!

Virginia Malpractice Attorney

Legal Malpractice in Northern Virginia

Legal malpractice is something that lawyers never like to talk about, but it does exist. If you have been injured as a result of attorney malpractice then you may have a basis for making a claim. The elements of a legal malpractice claim are similar to those of a medical malpractice claim. 

You must prove that the conduct was substandard. In addition, you must show that substandard conduct on the attorney’s part caused injury to you. As is true in any professional liability claim, you must establish the standard of care. You must also prove a breach of the standard of care, causation, and damages.

Legal Malpractice Claims Are Premised on Proving the Relationship

One issue that sometimes arises in legal malpractice claims is whether or not an attorney-client relationship exists. To create that relationship, there need not be a payment of fees. It’s best for you, however, if a contract of employment with the attorney is in writing—but the agreement can be oral. 

Frequently the contract is implied from the acts of the parties. It may be sufficient for a relationship to be considered established if the client sought and received advice from the attorney. Even without a formal written contract, it’s possible that email exchanges could contain evidence of an agreement between the attorney and the client. 

An oral contract, in this instance, is as enforceable as a written contract. For obvious reasons, it’s better to have a fully written contract because the terms are clearer to both parties. Call or contact us for a Free Phone Consultation on your matter.

In a legal malpractice action it is necessary in most instances to retain an attorney as an expert witness.  That attorney acting as an expert will testify as to the standard of care, the breach of the standard of care and what damages that breach caused. 

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We've handled their malpractice

Brien Roche has handled malpractice from professionals in trials. See why we’re the right choice for your malpractice case in Northern Virginia.

Brien is a true professional and expert at his craft. His legal expertise and communication throughout the process was priceless in resolving my legal matter. I would highly recommend Brien to anyone seeking representation in regards to personal injury or malpractice.
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Malpractice Cases We Handle

Malpractice comes in many forms besides medical. For example, your accountant could have done your taxes incorrectly which resulted in an expensive audit. Or the nursing home could have acted negligently when administering care to a loved one. At Brien Roche Law, we handle a wide variety of malpractice cases.

Drug Injury
Medical Malpractice
Accountant Malpractice
Legal Malpractice
Nursing Home Malpractice

Frequently Asked Questions

The basic obligation of the attorney is to comply with what is called “the standard of care.” The standard of care is a standard governed by what is the norm within the profession as far as that particular type of matter. The attorney who is being sued is not held to the highest standard of care. Nor is he allowed to operate at the lowest standard of care. What is expected is what a reasonably prudent lawyer would do in that context.


The expensive part of legal malpractice claims is that not only does the Plaintiff need a lawyer to handle the case, but also a legal expert to testify. The expert addresses what the standard of care was and how that standard of care was breached. The expert may also give an opinion as to what the fault of the lawyer caused. Going to trial without an expert witness to support a legal malpractice claim in most instances would be unwise.


Virginia’s statute of limitations for legal and accounting malpractice cases may be either three (3) or five (5) years. Exactly what the limitation is is a tricky issue for which legal consultation is required.


When an accountant fails to provide basic standards of care, it can lead to severe losses for their clients. The basic standards of care for the accounting industry are found in:

    • The Financial Accounting Standards Board’s Generally Accepted Accounting Principles.
    • The American Institute of Certified Public Accountants’ Generally Accepted Auditing Standards
    • The Sarbanes-Oxley Act