Missing an Appeal is Not Enough for Malpractice

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In a rebuke to the “blame game,” the Virginia Supreme Court affirmed a trial court’s decision to kick out a legal malpractice case on summary judgment. In Wintergreen Partners, Inc. v. McGuireWoods, LLP, Wintergreen contended that its former lawyers at McGuireWoods screwed up an appeal. As noted by the Supreme Court, McGuireWoods “failed to ensure that the trial transcripts were timely filed.” As a result, the Supreme Court dismissed the appeal. (As an aside, this an especially harsh result but one that speaks to the need to follow the rules).

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