Not long ago, one of the most astute judges on the Philadelphia Court of Common Pleas was presented with a legal malpractice case in which two counts were pleaded against the defendant attorneys: one for negligence, the second for breach of contract. In discussing whether the breach of contract claim had to be supported by expert testimony — virtually all negligence claims against lawyers do — the court concluded that expert testimony was required because “the contract claim sounds in negligence.”
As a doctrinal matter, it is not quite clear what that means. As a practical matter, however, it is perfectly clear why the court reached that conclusion. Under Pennsylvania case law, legal malpractice claims may be brought under both contract and tort theories, and contract claims against lawyers can sound exactly like negligence claims.
