About
Virginia Hinrichs McMichael, founder of Appellate Law Group LLC, represents clients in…
Articles by Virginia
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PAeDocket: Pa's New Mobile App for Finding Court Dockets
PAeDocket: Pa's New Mobile App for Finding Court Dockets
The Pennsylvania Courts have taken a leap into the modern world with their recently-launched app for iPhones. The app…
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THIRD CIRCUIT TELLS APPELLANT: "No Transcript? Argument Forfeited"
THIRD CIRCUIT TELLS APPELLANT: "No Transcript? Argument Forfeited"
We appellate lawyers are sometimes thought of as real Chicken Littles -- follow the appellate rules or the sky will…
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Virginia Hinrichs McMichael Wins Pa. Superior Court Appeal
Virginia Hinrichs McMichael Wins Pa. Superior Court Appeal
Virginia Hinrichs McMichael, owner of Appellate Law Group, P.C.
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1K followers
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Virginia Hinrichs McMichael shared thisWhen I was admitted to the bar of the Supreme Court of Pennsylvania in 1983, I took the following oath to support the Constitution and the rule of law: "I do solemnly swear (or affirm) that I will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that I will discharge the duties of my office with fidelity, as well to the court as to the client, that I will use no falsehood, nor delay the cause of any person for lucre or malice." It was with that oath in mind that I joined other solo and small firm lawyers in signing an amicus brief in support of Perkins Coie’s motion for summary judgment. Many thanks to Carolyn Elefant for organizing the amici and drafting the brief.Virginia Hinrichs McMichael shared thisSolo and small firm lawyers get the job done!! This evening, I filed an Amicus Brief, co-authored by Andrea Goldman, Kimberly Russell, Esq. and me on behalf of 334 Solo and Small Firm Lawyers in support of Perkins Coie’s challenge to a retaliatory Executive Order. Our message was this: The Executive Order’s impacts extend far beyond biglaw and threaten solos and smalls and the millions of ordinary people and small businesses that depend on us for access to justice. Launched with a Google form posted on LinkedIn to gather interest from solos and smalls, the brief came together in under 10 days. This included drafting, preparing the motion for leave, circulating the brief to the hundreds who signed up and constantly updating the amici list (mega shout out to Tina Marie Hilton , my longstanding VA) to today’s filing (which almost didn’t happen because I neglected to link my DDC ECF account to PACER and had to scramble to unearth my 2018 password to get it done). Thank you to everyone who circulated the google form or signed on. My profound apologies to those who signed up but were left out in the end due to tech glitches. There’s no excuse but if I ever do this again, I’ll do better. I am so, so proud to be a part of the solo and small law firm community that didn’t flinch for a second to stand up for what’s right. A true credit to our profession. I’ll do a follow up post on the tech that powered the project. For now, I’ll leave you with a link to the filed brief.
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Virginia Hinrichs McMichael shared thisI agree with Troy. The best appellate lawyers know how to make complex cases and issues easier for busy appellate judges (and their clerks) to comprehend. #lawyers #appeals #appellatelawVirginia Hinrichs McMichael shared this#AskTheAppellateLawyer: How should subject-matter experts and appellate counsel partner on appeal? There's a fun and different relationship between appellate counsel and trial counsel when the case on appeal involves a technical area of the law within trial counsel's area of expertise. Think bankruptcy, tax, or administrative law. Maybe trial counsel is even board certified in one of these areas. In your typical civil case, trial counsel can be as involved or uninvolved as he or she wishes. But in a technical area of the law, the specialist trial attorney brings an important perspective to the appeal. The appellate attorney can turn to the expert to help identify issues for appeal, suggest relevant law, and advise on legal landmines to avoid. But the relationship benefits the specialist trial counsel as well. Remember that, on appeal, your audience is a panel of generalists, who likely have little or no experience in your corner of the woods. Appellate counsel is similarly positioned. Appellate counsel talks to the appellate judge as one generalist to another. He translates your issue on appeal into something relatable. Not every issue can be made simple. But, with skill, every issue can be made clear. If the appellate court can't understand your case, then there's no value to the appeal. #appeals #appellatelaw #litigation #lawyers #triallawyers #law #appellatelinkedin
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Virginia Hinrichs McMichael shared thisExcellent observation Cory. Also, appellate lawyers with experience in diverse practice areas may spot issues that are missed by lawyers with a more narrowly focused practice. #lawyer #experience #lawyers #appeals #appellateVirginia Hinrichs McMichael shared thisDuring oral argument today, Justice Elena Kagan inadvertently made a plug for appellate lawyers. The case being argued is about the scope of immunity granted to platforms like Google, Twitter, and Facebook under section 230 of the Communications Decency Act. Kagan admitted that the nine Supreme Court justices are not the nine greatest experts on the internet. Her comment was met with laughter. But the truth in her comment isn’t limited to this case or to the justices on the Supreme Court. The reality is that most appellate judges are not experts in the subject matter of the vast majority of cases they hear. Yet they are called upon to decide those cases. Appellate lawyers—often generalists themselves—can play a key role in helping these generalist judges make important decisions on technical subjects. #appeals #appellate #AppellateLinkedIn
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Virginia Hinrichs McMichael shared thisGood advice!Virginia Hinrichs McMichael shared thisIf you represent the appellant, don’t refer to the trial judge by name in your briefs. Stick with “trial court” or “district court.” As the appellant, you’re complaining that the trial court did something wrong. Using the judge’s name can sound like you’re making it personal. And making it personal is a shortcut to an unreceptive appellate panel. #appeals #appellate #appellatelinkedin
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Virginia Hinrichs McMichael shared thisI agree. Good appellate advocacy requires both art and skill.Virginia Hinrichs McMichael shared thisJudge Prettyman on Appellate Advocacy Judge Prettyman was one of the brightest minds on the appellate bench. Sitting on the D.C. Circuit in the 1960's he articulated some of the most elegant depictions what he saw as proficient advocacy from the bar. You can hear echoes of this in some of Judge Posner's later writings on the subject. Here is a passage from a 1953 article of his from the Virginia Law Review: “My underlying thesis is that Appellate Advocacy is an Art. It is not a scientific process. It is not a mathematical formula. There are no compounds or elements which react with certainty to produce a predetermined result. It is a process wherein one human mind attempts to propel three other human minds into a certain channel to a certain result. Dealing with the vagaries of human minds is not a fixed routine but is a matter of imponderables, unknowns, and many delicate maneuvers. We can suggest the brushes, the canvas, and the paints; we can teach the fundamentals of color combinations and line impressions; but the production of an oil painting is a matter of individual performance.” - Happy Friday 🙂
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Virginia Hinrichs McMichael shared thisVirginia Hinrichs McMichael shared thisSending a heartfelt thank you to those who helped make 2022 a wonderful year. Wishing you beautiful new beginnings in 2023. Happy New Year! 🎆
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Virginia Hinrichs McMichael shared thisAs a senior lawyer, I often feel the “swagger” described in this article. Is it because almost 40 years of experience has made me more confident? Or is it because I am less afraid of judges, many of whom have less experience than I do? Whatever the reason, I know that I am a better lawyer now than when I was younger. And my clients are better served because of it. http://ow.ly/E5NS50IGRbR
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Virginia Hinrichs McMichael shared thisThis is important information for employees from a knowledgeable source. It is not illegal to discuss wages. Know your legal rights! #legal #employee #employmentlawVirginia Hinrichs McMichael shared thisI saw this on Reddit -- a notice that someone's boss displayed in the breakroom at work with the question: "Is this sign legal?" No, this sign your boss posted in the breakroom is NOT legal. Not even in Kentucky. At least "Jer" didn't confuse the at-will employment doctrine with the state's right-to-work laws. But Jer, you're marching to the beat of your own drum by banning all talk about wages. The National Labor Relations Board is crystal clear on this issue. Under the National Labor Relations Act (NLRA or the Act), employees have the right to communicate with other employees at their workplace about their wages. Wages are a vital term and condition of employment, and discussions of wages are often preliminary to organizing or other actions for mutual aid or protection. If you are an employee covered by the Act, you may discuss wages in face-to-face conversations and written messages. When using electronic communications, like social media, keep in mind that your employer may have policies against using their equipment. However, policies that specifically prohibit the discussion of wages are unlawful. You may discuss wages when not at work, when you are on break, and even during work if employees are permitted to have other non-work conversations. Employees have these rights whether or not a union represents them. So, don't be like Jer. Check your employee handbooks, policies, agreements, and breakroom postings. If your business bans discussion of wages, the only one facing any "legal percussion" will be the company if/when the Board drums up probable merit for an unfair labor practice charge. #TheEmployerHandbook #employmentlaw #humanresources
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5mo
Great job John! I’m glad you had the opportunity to serve as a social aide at the WH while serving as a Naval Officer. Those are memories you’ll cherish forever. I’m very proud of you and lucky to call you my son!
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Virginia Hinrichs McMichael liked thisVirginia Hinrichs McMichael liked thisDilworth is pleased to announce that four attorneys have been elected to the firm’s equity partnership. The newly named Equity Partners are: - Elizabeth Havey, Public Finance – Philadelphia, Pennsylvania - Benjamin Spang, Litigation – Cherry Hill, New Jersey - Christina Strong, Healthcare – Princeton, New Jersey - Stephanie Searles Vogel, Esq., Tax - Philadelphia, Pennsylvania Please join the firm in congratulating Dilworth’s newly elected Equity Partners on this well-deserved achievement. We are proud to have them as a part of the firm. #DilworthPaxson #EquityPartner #LegalCareerGrowth Read More: https://ow.ly/lga650Yci3Y
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Virginia Hinrichs McMichael liked thisVirginia Hinrichs McMichael liked thisJOIN THE DILWORTH TEAM! Dilworth Paxson LLP is seeking an associate to join our Plaintiff’s Rights practice in our Philadelphia office. To learn more and apply, please visit: https://ow.ly/WeRi50Y5EXv #DilworthPaxson #LegalOppurtunity #Hiring
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Virginia Hinrichs McMichael liked thisVirginia Hinrichs McMichael liked thisAs any Pennsylvania appellate lawyer will tell you, if Punxsutawney Phil sees his shadow this morning it means I’ll have to wait six more weeks for a decision in that appeal I argued last year.
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Virginia Hinrichs McMichael liked thisFelicitaciones a la Comisión Pro Bono por el reconocimiento - es sumamente merecido y felicitaciones a su presidenta Carolina Zang y su Directora Delfina Balestra.Virginia Hinrichs McMichael liked thisLa semana pasada, la Legislatura de la Ciudad de Buenos Aires declaró de Interés para la Ciudad el trabajo de la Comisión de Trabajo Pro Bono del Colegio de Abogados de la Ciudad de Buenos Aires (CACBA), en reconocimiento a sus 25 años de trayectoria. Como Presidenta de la Comisión, este reconocimiento significa poner en valor algo que para mí es esencial: el trabajo constante y generoso de cientos de colegas que, durante décadas, ofrecieron asesoramiento legal gratuito a personas, organizaciones y comunidades en situación de vulnerabilidad. La Comisión nació como una iniciativa de un grupo de socios comprometidos, y con el tiempo se consolidó como un espacio donde el Derecho se ejerce con un propósito concreto: ampliar derechos, reducir desigualdades y acompañar procesos de inclusión. Agradezco a quienes integran la Comisión, a las instituciones que nos apoyan y a cada abogado y abogada que dona su tiempo y su conocimiento. Este reconocimiento nos impulsa a seguir fortaleciendo el acceso a la justicia allí donde más se necesita. #ProBono #AccesoALaJusticia #JusticiaSocial #DerechoConPropósito #CompromisoProfesional #CACBA #LegislaturaCABA #TrabajoColaborativo #Abogacía #Inclusión #DerechosHumanos #ResponsabilidadSocial ------------------------------------------------------------------------------- Last week, the Legislature of the City of Buenos Aires declared the work of the Pro Bono Committee of the Bar Association of the City of Buenos Aires (CACBA) to be of Public Interest for the City, in recognition of its 25 years of service. As President of the Committee, this acknowledgment highlights something that is essential to me: the constant and generous work of hundreds of colleagues who, for decades, have provided free legal assistance to individuals, organizations, and communities in situations of vulnerability. The Committee was born from the initiative of a group of committed partners, and over time it became a space where the practice of law is exercised with a clear purpose: expanding rights, reducing inequality, and supporting processes of inclusion. I am grateful to everyone who is part of the Committee, to the institutions that support us, and to each lawyer who donates their time and expertise. This recognition motivates us to continue strengthening access to justice where it is most needed. #ProBono #AccessToJustice #SocialJustice #PurposeDrivenLaw #ProfessionalCommitment #CACBA #CABALegislature #CollaborativeWork #LegalProfession #Inclusion #HumanRights #SocialResponsibility
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Virginia Hinrichs McMichael liked thisVirginia Hinrichs McMichael liked thisThis week marked a personal milestone — my last board meeting after eight years on the Great Valley School District school board. Serving this community has been one of the most rewarding experiences of my career. I’m grateful to have worked with a board that always put students first and remained committed to making our schools even better. We navigated a lot of change together, and I’m proud of what we accomplished. I’m stepping away with gratitude, pride, and complete confidence in the board’s ability to carry the district forward. #RunningForOffice was one of the most meaningful decisions I’ve made. If any of you have ever considered taking that step, I’d be glad to connect and share my experience. #PublicService #Community #GivingBack #PublicEducation #ProudMoment
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Virginia Hinrichs McMichael liked thisVirginia Hinrichs McMichael liked thisA big shoutout to Form II student Raphael S. for landing the role of Ralphie in A Christmas Story: The Musical at The Walnut Street Theatre! Raphael was on Fox 29 Philadelphia, WTXF's Good Day Philadelphia this morning talking about his role, the show, and his experience. The show runs from Nov. 18 to Jan. 4. Click this link: https://lnkd.in/e3fUKjGV for the full interview. Way to go, Raphael!
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Virginia Hinrichs McMichael liked thisVirginia Hinrichs McMichael liked thisOn October 29, I was honored by the Montgomery Bar Association with a Certificate of Recognition for nearly 200 hours of pro bono legal work this past year. I dedicated my time to supporting civil rights clients, as well as a criminal defense client pursuing post-conviction appeals. It was a privilege to be recognized at the reception and to stand alongside Montgomery Bar Association President Seth Wilson and fellow honoree David Trevaskis. I’m grateful for the opportunity to use my skills to help those who need it most, and I look forward to continuing this work.
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Virginia Hinrichs McMichael liked thisVirginia Hinrichs McMichael liked thisA few weeks back, our team was honored with the Door Desk Award at the All-Amazon meeting for our work on the Amazon Shipping program. The Door Desk Award recognizes folks that embody Amazon's scrappy, resourceful spirit—delivering big results with ingenuity, frugality, and a relentless focus on customers, just like those original door desks Jeff Bezos built in 1995. This was a total team effort. The problem we tackled was incredibly complex: thousands of moving parts, real-time constraints, and the challenge of blending pickups and deliveries into a single intelligent planning system. It required deep collaboration across engineering, science, product, supply chain, and operations to invent a solution that's simple, scalable, and reliable for both drivers and customers. Huge congratulations and thank you to everyone who contributed, and to our leadership team for helping us celebrate this achievement. Days like this remind me how inspiring it is to see the innovation happening across Amazon and to work alongside the dedicated colleagues who make it all possible.
Experience & Education
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Appellate Law Group LLC
View Virginia’s full experience
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Volunteer Experience
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Board Member
Emma Willard School Alumnae Association Council
- 8 years 5 months
Education
Publications
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Texas International Law Journal, Recent Development, Piper Aircraft v. Reyno
Tex. Int’l L. J., Vol. 19:2
Honors & Awards
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"Superlawyer" in Appellate Advocacy
Philadelphia Magazine
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AV Preeminent Rating
Martindale-Hubbell
The AV Preeminent Rating is the pinnacle of professional excellence earned through a strenuous Peer Review Rating process that is managed and monitored by Martindale-Hubbell.
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Bar Register of Preeminent Women Lawyers
Martindale-Hubbell
The Martindale-Hubbell Bar Register of Preeminent Women Lawyers is exlusive to women lawyers who have achieved the highest possible rating in both Legal Ability and Ethical Standards: AV Preeminent.
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Judicial Nominee, Chester County Court of Common Pleas
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I was nominated by Governor Edward G. Rendell to be a judge on the Chester County Court of Common Pleas to fill the unexpired term of The Honorable Paula Francisco Ott. The nomination was one of five nominations withdrawn by the Governor on June 15, 2010 as part of an agreement with the Pennsylvania legislature to impose a statewide moratorium on judicial appointments for budgetary reasons.
Languages
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Spanish
Professional working proficiency
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French
Professional working proficiency
Organizations
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Pennsylvania Bar Association Appellate Law Committee
Member
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Patriot's Path Task Force
Member
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Emma Willard School Alumnae Association Council
Member
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Chester County Association of Township Officials
Executive Board Member
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Panelist, “Women in Appellate Advocacy"
University of Virginia Law School
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