Brenden Kelley Law

Brenden Kelley Law Big Law Firm Quality & Results, Without the Big Law Firm Fees.

Noncompetes remain a major issue for small businesses, dental practices, and professionals.Even with ongoing national de...
08/31/2026

Noncompetes remain a major issue for small businesses, dental practices, and professionals.

Even with ongoing national debate and regulatory changes, businesses should not assume noncompetes are gone forever or automatically enforceable. The details still matter.

Employers should review their agreements carefully, including noncompetes, non-solicitation clauses, confidentiality provisions, patient/customer restrictions, and associate dentist agreements.

Employees and associate dentists should understand what they are signing before accepting a position or leaving one.

Important questions include:

How long does the restriction last?
What geographic area does it cover?
What conduct is actually restricted?
Does it protect a legitimate business interest?
Is it reasonable for the role involved?
Are there better tools, like confidentiality or non-solicitation provisions?

The goal is not just to have a contract. The goal is to have one that is clear, appropriate, and defensible.

Read more: https://www.BrendenKelleyLaw.com/noncompetes-small-business-dental-practices-2026

Contact us at Brenden Kelley Law if your business or dental practice needs help reviewing restrictive covenants.

Noncompetes remain a legal risk area. Small businesses and dental practices should review noncompetes, non-solicits, and confidentiality terms.

A lawyer’s loyalty matters.Conflicts of interest can arise when one lawyer represents business partners, family members,...
08/24/2026

A lawyer’s loyalty matters.

Conflicts of interest can arise when one lawyer represents business partners, family members, companies and owners, buyers and sellers, or multiple parties whose interests are not truly aligned.

Sometimes the conflict is obvious. Other times, it only becomes clear after the relationship breaks down.

Warning signs may include a lawyer favoring one client over another, failing to explain divided loyalties, representing both sides of a transaction, continuing representation after a dispute develops, or giving advice that benefits one client while harming another.

In legal malpractice cases, conflicts can be especially damaging because the client may have relied on advice that was not truly independent.

The question is not only whether a conflict existed. The question is whether the conflict caused harm.

Read more: https://www.BrendenKelleyLaw.com/conflicts-of-interest-legal-malpractice

Contact us at Brenden Kelley Law if you believe a lawyer’s conflict of interest harmed your case, business, or legal rights.

A lawyer conflict can damage a case when loyalty is divided. Learn how joint representation and undisclosed conflicts may lead to malpractice.

Deadlines can make or break a legal case.When a lawyer misses a statute of limitations, appeal deadline, discovery deadl...
08/17/2026

Deadlines can make or break a legal case.

When a lawyer misses a statute of limitations, appeal deadline, discovery deadline, expert deadline, claim deadline, or court filing deadline, the client may lose important rights. In some situations, the entire case may be dismissed before the facts are ever heard.

Not every missed deadline causes damages. But some deadlines are unforgiving.

Clients should ask:

What deadline was missed?
Was the claim dismissed or weakened?
Could the missed deadline have been avoided?
Did the lawyer tell the client promptly?
Was there a way to fix the problem?
What would likely have happened if the deadline had been met?

Legal malpractice cases involving missed deadlines often focus on what the underlying case was worth and whether the missed deadline caused the loss.

Read more: https://www.BrendenKelleyLaw.com/lawyer-missed-deadline-legal-malpractice

Contact us at Brenden Kelley Law if you believe your case was harmed because an attorney missed a critical deadline.

A missed legal deadline can destroy a claim, defense, appeal, or expert issue. Learn when attorney delay may become legal malpractice.

Losing a case does not automatically mean your lawyer committed legal malpractice.Litigation involves risk. Good lawyers...
08/10/2026

Losing a case does not automatically mean your lawyer committed legal malpractice.

Litigation involves risk. Good lawyers can lose. Judges can rule against you. Juries can make unexpected decisions. The law may simply not support the result you wanted.

But there is a difference between a bad outcome and attorney negligence.

Potential malpractice issues may include missed deadlines, conflicts of interest, failure to communicate, failure to file necessary documents, failure to preserve claims, bad advice that no reasonable attorney would give, or mishandling a case in a way that caused real harm.

The key question is usually not just “Did I lose?” It is “Would the result likely have been different if the lawyer had handled the matter properly?”

That causation question matters.

Read more: https://www.BrendenKelleyLaw.com/legal-malpractice-or-bad-result

Contact us at Brenden Kelley Law if you believe attorney negligence caused you financial or legal harm.

Losing a case does not always mean malpractice. Learn how missed deadlines, conflicts, bad advice, and causation affect legal claims.

Associate dentist agreements deserve careful review before anyone signs.The biggest issues are often hidden in the detai...
08/03/2026

Associate dentist agreements deserve careful review before anyone signs.

The biggest issues are often hidden in the details: compensation formulas, production versus collections, lab fee deductions, schedule expectations, termination rights, restrictive covenants, patient record ownership, malpractice coverage, and whether the agreement matches how the practice actually operates.

For associate dentists, the agreement may affect income, future job opportunities, and whether they can continue practicing in the same area after leaving.

For practice owners, the agreement should protect the practice without creating unclear expectations or future disputes.

Key questions include:

How is compensation calculated?
When is payment earned?
Can the schedule be changed?
What happens if employment ends?
Is the noncompete reasonable?
Who owns patient relationships and records?

A dental employment contract should be clear before the relationship starts.

Read more: https://www.BrendenKelleyLaw.com/associate-dentist-agreements-what-to-review-before-signing

Contact us at Brenden Kelley Law for help reviewing or drafting associate dentist agreements.

Associate dentists should review compensation, collections, schedule expectations, termination, patient records, and restrictive covenants before signing.

Buying a dental practice is not just a financial transaction. It is also a legal transition.Before closing, dentists sho...
07/27/2026

Buying a dental practice is not just a financial transaction. It is also a legal transition.

Before closing, dentists should carefully review the asset purchase agreement, patient records, staff transition plan, restrictive covenants, equipment lists, accounts receivable, lease assignment, vendor contracts, insurance credentialing, and how goodwill will be transferred.

A few practical questions matter:

Who owns the patient records?
What equipment is included?
Are there liens or leases on key equipment?
Can the office lease actually be assigned?
Will staff stay after closing?
Will the seller be restricted from competing nearby?
How will unfinished treatment plans and patient credits be handled?

A dental practice purchase can be a major opportunity, but small drafting issues can create expensive post-closing disputes.

Read more: https://www.BrendenKelleyLaw.com/buying-dental-practice-legal-issues-before-closing

Contact us at Brenden Kelley Law if you are buying or selling a dental practice.

Dentists buying a practice should review the purchase agreement, patient records, staff transition, lease, equipment, and restrictive covenants.

Before signing a business contract, look for the personal guarantee.Those few words can put your personal assets at risk...
07/21/2026

Before signing a business contract, look for the personal guarantee.

Those few words can put your personal assets at risk for a business obligation.

Personal guarantees often appear in leases, loans, equipment financing, vendor contracts, and dental practice deals.

Contact us at Brenden Kelley Law before signing contracts that may create personal liability.

www.BrendenKelleyLaw.com

Cleveland's Small Business Lawyer Big Law Firm Quality & Results, Without the Big Law Firm Fees

A personal guarantee can turn a business debt into a personal problem.Small business owners often see personal guarantee...
07/20/2026

A personal guarantee can turn a business debt into a personal problem.

Small business owners often see personal guarantees in commercial leases, equipment financing, vendor agreements, dental practice loans, and other business contracts. The business signs the contract, but the owner personally promises to pay if the business cannot.

That means the owner’s personal assets may be at risk even if the LLC or corporation was supposed to provide liability protection.

Before signing, business owners should understand:

What debt is being guaranteed?
Is the guarantee unlimited?
Does it continue after the lease or loan changes?
Can it be reduced or released over time?
Does it apply to attorney fees, interest, or future obligations?

The worst time to understand a personal guarantee is after default.

Read more: https://www.BrendenKelleyLaw.com/personal-guarantees-small-business-owners

Contact us at Brenden Kelley Law before signing a contract that puts your personal assets at risk.

Before signing a personal guarantee, small business owners should understand how leases, loans, and vendor contracts can create personal liability.

A legal mistake can affect more than a case.It can impact a job, business, license, immigration matter, income, or major...
07/16/2026

A legal mistake can affect more than a case.

It can impact a job, business, license, immigration matter, income, or major opportunity.

Legal malpractice is not just about being unhappy with a result. It is about whether an attorney’s mistake caused real harm.

Contact us at Brenden Kelley Law if you believe attorney negligence affected your rights.

www.BrendenKelleyLaw.com

Cleveland's Small Business Lawyer Big Law Firm Quality & Results, Without the Big Law Firm Fees

Immigration law mistakes can cause serious harm to both workers and employers.In an H-1B matter, a lawyer’s mistake may ...
07/13/2026

Immigration law mistakes can cause serious harm to both workers and employers.

In an H-1B matter, a lawyer’s mistake may affect a professional’s job, work authorization, income, immigration status, and career path. It may also affect the employer’s operations, staffing, patient care, or ability to serve clients.

Not every denial is legal malpractice. But potential warning signs include missed deadlines, poor communication, weak filings, failure to respond properly to a request for evidence, failure to explain status consequences, or failing to turn over the client file.

Legal malpractice cases often turn on causation: what likely would have happened if the attorney had handled the matter properly?

Immigration filings are not just paperwork. For many people and businesses, they affect livelihoods.

Read more: https://www.BrendenKelleyLaw.com/h1b-immigration-lawyer-malpractice-employers-professionals

Contact us at Brenden Kelley Law if you believe attorney negligence caused serious harm.

A mishandled H-1B petition can harm employers and professionals. Learn when immigration mistakes may become legal malpractice.

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44114

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