Legal Malpractice Archives - Brenden Kelley Law

What is a Conflict of Interest under Ohio Law?

by Brenden | Jan 3, 2023 | Legal Malpractice

A conflict of interest is a common issue that can arise in the legal profession, and it can have serious consequences for both attorneys and their clients. When an attorney has a conflict of interest, it means that they have a personal or financial interest in the outcome of a case that could potentially influence their judgment or loyalty to their client. In such situations, the attorney is faced with a difficult decision: to prioritize their own interests or to act in the best interests of their client. This can lead to attorney malpractice, which is the failure of an attorney to exercise reasonable care, skill, and diligence in representing a client.

There are many ways in which an attorney can have a conflict of interest in Ohio

For example, an attorney may represent a client in a civil case while also representing the opposing party in a criminal case. This creates a conflict of interest because the attorney’s loyalty is divided between two clients who have opposing interests. Another common situation is when an attorney represents a client in a case while also having a personal relationship with the opposing party. This can create a conflict of interest because the attorney may feel pressured to favor their personal relationship over the interests of their client.

Conflict of interest can also arise when an attorney has a financial interest in the outcome of a case. For example, an attorney may be representing a client in a civil case while also owning a stake in a company that stands to gain financially from the outcome of the case. In such a situation, the attorney’s loyalty to their client may be compromised by their own financial interests.

If an attorney has a conflict of interest, they have a professional obligation to disclose this to their client and to seek the client’s informed consent before proceeding with the representation. If the client decides to proceed with the representation, the attorney must take steps to minimize the potential for harm to the client. However, if the client refuses to proceed with the representation, the attorney must withdraw from the case.

When an attorney fails to disclose a conflict of interest in Ohio

When an attorney fails to disclose a conflict of interest or fails to take steps to minimize the potential for harm to their client, they may be found guilty of attorney malpractice. This can have serious consequences for both the attorney and their client. The attorney may face disciplinary action, including the loss of their license to practice law, and the client may be left without legal representation or may be forced to seek damages from the attorney for any harm that they suffered as a result of the conflict of interest.

In order to prevent conflicts of interest and avoid attorney malpractice, attorneys must be diligent in disclosing any potential conflicts to their clients and must take steps to minimize the potential for harm. They should also be mindful of their personal and financial interests and avoid taking on cases that may create a conflict of interest. By following these guidelines, attorneys can ensure that they are acting in the best interests of their clients and avoiding any potential ethical issues.

If you believe that you have been the victim of attorney malpractice, it is important to seek legal advice as soon as possible. While these claims can be complex, it is possible to seek damages if you are able to show that the attorney’s actions or inaction caused you harm. Please call Brenden Kelley Law at 216-644-3359 so that we can assist you.

What is Legal Malpractice in Ohio?

by Brenden | Nov 29, 2022 | Legal Malpractice

Just as you can sue a doctor for malpractice, you can sue your lawyer. While legal malpractice can take many forms, the most common include failing to file court documents or meet important deadlines, failing to communicate with their clients, not disclosing a conflict of interest, and even misleading their client for their own personal gain.

Did you have an Attorney-Client Relationship?

This does not mean that you can sue any lawyer who has wronged you. You can only sue a lawyer for legal malpractice if you have or had an attorney-client relationship. This means that an attorney or law firm has agreed to represent you as a client in a legal matter and therefore has a duty to act in your best interests. When assessing the strength of a legal malpractice case, this is always the first step.

Did your Attorney fail to meet the Standard of Care?

Once you have determined that there was an attorney client relationship, the next step is to assess if your attorney failed to meet the standard of care ordinarily exercised by attorneys in Ohio handling similar legal matters. If they have failed to meet the standard, then the attorney may be liable for legal malpractice. The minimum standards include:

Filing necessary documents and meeting deadlines
Communicating with the client and keeping them informed about the case
Providing competent representation based on their knowledge and skill
Acting in the best interests of the client
Maintaining confidentiality

If an attorney breaches any of these duties and their client suffers damages as a result, the client may have a legal malpractice claim. See Ohio Revised Code Section 2305.117.

Was my Attorney Negligent?

The most common type of legal malpractice is known as negligence. This occurs when an attorney fails to meet the minimum standard of care. For example, an attorney may miss a deadline to file a court pleading or submit a record to a government agency. If you have suffered damages as a result of your attorney’s negligent actions, you can pursue an action against them to recover what you lost.

Did my Attorney Breach their Contract?

Another common type of attorney malpractice is known as breach of contract. These situations occur when an attorney fails to fulfill their obligations under the attorney-client contract. For example, an attorney agrees to provide legal services for a set fee, takes your money and refuses to provide you with the services or a refund.

How were you Damaged?

One of the most critical issues in very legal malpractice cases is damages. Damages in the general sense are what remedy a court can grant in order to make the injured party whole. In legal malpractice cases, they typically include economic damages, such as lost wages or medical expenses, and non-economic damages, such as emotional distress. The difficult part is showing that but for the actions of your attorney you would not have been damaged.

Seek Legal Advice as Soon as Possible

In conclusion, attorney malpractice occurs when an attorney fails to provide competent representation to their client or breaches their professional duties. If you believe that you have been the victim of attorney malpractice, it is important to seek legal advice as soon as possible. While these claims can be complex, it is possible to seek damages if you are able to show that the attorney’s actions or inaction caused you harm. Please call Brenden Kelley Law at 216-644-3359 so that we can assist you.