Suing a lawyer for legal malpractice in Virginia is a serious matter that requires experienced attorneys. Legal malpractice cases are two cases in one.You must prove that your attorney exhibited negligence while handling your case. Misconduct Complaints. If you believe that a lawyer violated the Rules of Professional Conduct you may file a complaint with the Virginia State Bar (VSB). You can file a grievance complaint against an attorney with the Virginia State Bar. Plaintiffs whose attorney has not represented them well in a case can file legal malpractice. Learn more and how to hire a new attorney. First of all, you can't sanction opposing counsel, only the Court can "sanction. " Next, you don't "have" the preponderance of evidence.