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Legal Malpractice
Ohio’s Aggressive Legal Malpractice Lawyer Holding attorneys accountable for their actions
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What is Legal Malpractice?
Legal malpractice occurs when a lawyer fails to competently perform their legal duties or breaches their fiduciary duties to a client. As governed by the Ohio Rules of Professional Conduct, a lawyer is expected to maintain honesty, good faith, fairness, integrity, and fidelity in all dealings. Any action that contravenes these foundational ethics can potentially lead to legal malpractice, particularly if such actions compromise the client’s interests.
Understanding Legal Ethics and Duties
In legal-ese, a “fiduciary” is someone that takes on the trust of another person to act on their behalf. When you hire an attorney, they assume this fiduciary duty to not only represent you competently and professionally but to put your interests first. The attorney-client relationship is one of the most sacred and protected under the law, which demands the highest standard of ethical conduct from attorneys.
A lawyer’s fiduciary duty encompasses several key responsibilities:
- Confidentiality: Safeguarding client information unless expressly permitted to disclose.
- Competence: Maintaining a thorough understanding of legal practices and applying them diligently.
- Conflict of Interest Avoidance: Ensuring that no conflicting interests would harm the client’s position.
Even after the termination of the attorney-client relationship, the attorney is prohibited from acquiring interests adverse to a client or representing parties with conflicting interests against a former client.
Do I Have a Claim for Malpractice?
Malpractice claims may arise from either negligent or intentional acts that detrimentally affect the client. These include, but are not limited to:
- Missed Deadlines: Failing to file documents within legal time limits.
- Poor Advice: Providing legal advice that is incorrect or not in the client’s best interests.
- Conflict of Interest: Representing another party with adverse interests to the client without proper disclosures.
Identifying whether an attorney’s missteps constitute malpractice involves a detailed review of the attorney’s duties and the client’s resultant harms.
Types of Legal Malpractice
- Negligence: This could involve careless mistakes in handling a client’s case, such as clerical errors in documentation or inadequate preparation for litigation.
- Breach of Fiduciary Duty: Actions like misusing client funds or disclosing sensitive information without consent fall under this category.
- Breach of Contract: Failing to perform the legal services as agreed in the contract between the lawyer and the client.
Evidence Needed in an Ohio Legal Malpractice Case
To successfully claim legal malpractice, specific types of evidence are paramount:
- Documentation of Attorney-Client Relationship: Contracts or written agreements that specify the nature of the legal relationship.
- Records of Attorney Actions: Correspondence, case files, and other documents that can showcase where the attorney failed to meet their obligations.
- Proof of Damages: Financial records and expert testimonies that illustrate the financial and personal impacts of the attorney’s actions.
- Expert Testimony: Often, expert legal opinions are crucial to establish the standard of care expected and the deviations by the attorney in question.
Damages in Legal Malpractice Lawsuits
Clients affected by legal malpractice can pursue several forms of damages:
- Actual Damages: Direct financial losses incurred due to the attorney’s actions.
- Punitive Damages: Awarded to punish particularly harmful behavior by the attorney and deter similar misconduct in the future.
- Consequential Damages: Additional losses caused by the attorney’s mistakes, such as costs of hiring a new attorney.
Schedule a Free Consultation with the Brenden Kelley Law Firm
Why You Need a Legal Malpractice Lawyer in Ohio
Navigating a legal malpractice claim requires a deep understanding of both the underlying legal issues and the professional standards attorneys must uphold. Led by Brenden Kelley—recognized as a Super Lawyers Rising Star from 2022 to 2025—our firm brings proven advocacy and in-depth legal knowledge to each malpractice case. We are equipped to:
- Assess the Merits of Your Case: Determine whether the attorney’s conduct indeed fell below the professional standard and directly caused you harm.
- Navigate Complex Legal Procedures: Handle the intricacies of filing a malpractice lawsuit, including meeting all necessary legal standards and deadlines.
- Maximize Your Compensation: Ensure that all potential damages are considered, and the compensation reflects the full extent of your losses.
Legal malpractice cases are particularly complex due to the dual layers of legal knowledge required—not only in understanding the underlying case issues but also the standards to which lawyers are held. This complexity underscores the importance of having a skilled and experienced legal malpractice lawyer by your side.
The Brenden Kelley Difference
“Justice is personal—count on me to treat it that way. I take these cases personally because I’ve stood where you stand—betrayed by a lawyer who was supposed to protect my interests. I’ve felt the frustration, anger, and sense of injustice firsthand. That’s why I’ve made it my mission to hold attorneys accountable when they fail their clients. With me, you’re not just hiring a lawyer; you’re teaming up with someone who knows exactly how high the stakes can be—and will fight relentlessly to make things right.”
At Brenden Kelley Law, we combine personal experience with a strategic, aggressive approach to legal malpractice. We understand the serious impact of a lawyer’s negligence or wrongdoing, and we’re here to ensure your rights are defended. If you suspect you’re a victim of legal malpractice, reach out for a free consultation—let’s hold the legal profession to the standard it owes you.
Statute of Limitations for Legal Malpractice in Ohio
In Ohio, the statute of limitations for legal malpractice claims is one year. This period begins either from the time you discover, or reasonably should have discovered, the malpractice, or from the end of the attorney-client relationship, whichever occurs later. This specific timing is crucial as failing to file within this window can completely bar your ability to recover any damages for the malpractice you suffered. Given the complexities involved in identifying the start of this limitations period, it is imperative to consult with a legal malpractice lawyer as soon as potential malpractice is discovered to ensure that your claim is filed in a timely manner.
Schedule a Free Consultation with the Brenden Kelley Law Firm
Why Choose Brenden Kelley as Your Legal Malpractice Lawyer?
Aggressive Representation
At Brenden Kelley Law, we are equipped with the determination and legal acumen necessary to challenge any adversary in the courtroom. Our firm is committed to aggressive litigation strategies that are not intimidated by the stature or resources of opposing counsel. Whether you are looking to sue your lawyer or hold a large firm accountable for negligence, we are prepared to fight relentlessly for your rights.
Empathetic Understanding
Brenden Kelley’s drive to focus his practice on legal malpractice stems from personal experience. Having been directly impacted by the unethical practices of a trusted attorney, Brenden understands the profound emotional and financial distress caused by legal malpractice. This personal connection to malpractice victims motivates Brenden to handle each case with empathy and profound dedication, ensuring that your case is treated with the seriousness it deserves.
Knowledgeable and Experienced
With years of dedicated experience in legal malpractice claims across Ohio, Brenden Kelley Law is well-versed in the nuances of Ohio law concerning attorney negligence, misconduct, and breach of duty. Our knowledgeable approach allows us to effectively navigate the complexities of the legal system, maximizing your chances for a successful resolution.
Client-Focused Service
We prioritize the needs and objectives of our clients above all else. Each case receives personalized attention, and we ensure that you are informed and involved at every step of the process. By maintaining open and transparent communication, we build trust and provide peace of mind during what can often be a stressful time.
No Recovery, No Fee
Understanding the financial pressures that victims of legal malpractice face, Brenden Kelley Law operates on a contingency fee basis. This means we do not charge any fees unless we successfully recover damages on your behalf. Our commitment to your recovery aligns our goals with yours, as we strive to achieve the best possible outcome without adding to your financial burden.
Proven Track Record
Brenden Kelley Law has a history of successful legal malpractice cases, demonstrating our capability to handle complex disputes and achieve favorable outcomes. Our proven track record speaks to our competence and prowess in managing a broad spectrum of malpractice claims, from simple negligence to intricate misconduct cases.
Local Expertise:
As Ohio’s legal malpractice lawyer, Brenden Kelley possesses deep insights into the local legal environment, which is crucial for effectively addressing and litigating malpractice claims. Our firm’s local expertise ensures that we are familiar with Ohio’s legal malpractice insurance requirements, statutes of limitations, and judicial tendencies.
