The Virginia Supreme Court has determined that the failure of an appellate lawyer to comply with certain filing requirements in the Supreme Court that led to the dismissal of an appeal did not constitute legal malpractice. The reason for the decision is that the Court found that the appeal was a losing proposition and so the failure of the lawyers to do what they needed to do was not a problem. In other words, they were wasting their time (and their client's money) by filing a sure loser of an appeal, so a fatal mistake in that process really did not matter. The underlying case involved an $8 million dollar judgment against the Wintergreen ski resort arising out of a skier's injury. Does this mean an appellate lawyer is pretty much insulated from malpractice claims? Most likely is probably the best answer. In this case, the error was glaring. But, as in any malpractice case, you have to show not only that there was a mistake by the lawyer, but also that the mistake made a difference in the outcome. Here the Virginia Supreme Court determined that the mistake made no difference as the appeal would have been dismissed on the merits. It makes sense, but it also means that appellate lawyers will rarely have to worry about malpractice claims.
Call us toll free (877) 222-1588 or email us at ewilson@winjurylaw.com and fhajek@winjurylaw.com for a free consultation with Eddie Wilson or Francis Hajek.
Wilson & Hajek, LLC, a personal injury law firm
Experienced Injury Trial Lawyers
Serving Virginia, including Albemarle, Charlottesville, Fluvanna, Louisa, Madison, Nelson, Orange, Staunton, Waynesboro
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