Legal Malpractice Archives - Brenden Kelley Law

What is a Conflict of Interest under Ohio Law?

by Brenden | Jan 3, 2023 | Attorney 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.

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What is Attorney Malpractice in Ohio?

by Brenden | Nov 29, 2022 | Attorney Malpractice

This can take many forms, including failing to file documents or meet deadlines, failing to communicate with the client, or even intentionally misleading the client.

The first step in determining whether an attorney has committed malpractice is to establish the existence of an attorney-client relationship. This means that the attorney has agreed to represent the client in a legal matter and has a duty to act in the client’s best interests.

Assessing Malpractice: Standards of Care

If an attorney fails to meet the standards of care required in their profession, they may be liable for malpractice. These standards vary by state and may include duties such as:

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.

Common Type of Malpractice: Negligence

One common type of attorney malpractice is known as “negligence.” This occurs when an attorney fails to provide the level of care that a reasonable attorney would have provided under similar circumstances. For example, if an attorney misses a deadline to file a document and their client suffers damages as a result, the attorney may be found to have acted negligently.

Common Type of Malpractice: Breach of Contract

Another type of attorney malpractice is known as “breach of contract.” This occurs when an attorney fails to fulfill their obligations under a contract with their client. For example, if an attorney agrees to handle a case for a certain fee but fails to do so, they may be in breach of contract.

To succeed in a legal malpractice claim, the client must be able to show that the attorney’s actions or inaction caused them damages. This may include financial losses, such as lost wages or medical expenses, or non-economic damages, such as emotional distress.

Are you the Victim of Attorney Malpractice?

If you believe that you have been the victim of attorney malpractice, it is important to seek legal advice as soon as possible. An experienced attorney will be able to review the facts of your case and advise you on the best course of action. In some cases, it may be possible to negotiate a settlement with the attorney or their insurance company. In other cases, it may be necessary to file a lawsuit to seek damages.

It is worth noting that attorney malpractice claims can be complex and difficult to prove. It is important to have strong evidence and a thorough understanding of the legal principles involved in order to succeed in a claim.

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.