Ohio has published standards promulgated by the Ohio Bar Association.  I don't know what might be required in Virginia, but around here - we defintely check the clerk of courts for civil cases.

You are absolutely doing the right thing.  Once a suit is filed, if it involves the real estate it most certainly provides notice and will affect the title (unless there is something odd about Virginia that I don't know). 

I would say the abstractor would probably be liable even if the client doesn't request a check of the court's records.  In my opinion, a title search is supposed to show anything that affects the title to the property.  The only way I could see the abstractor not being liable, would be if the client EXPRESSLY instructed the abstractor NOT to search court records.  In that case, I think the client has assumed the risk, but you better keep that request in the file to protect yourself.

Best,
Robert A. Franco
SOURCE OF TITLE