Nashville attorney Kevin McLean Kelly received a public censure from the Tennessee Supreme Court’s Board of Professional Responsibility on Monday, July 24, 2023, for failure to protect a client’s rights to appeal and inadequate communication with clients.
The case is entitled “In the Matter of Kevin McLean Kelly,” case nos. 57882c-5-SB and 70518c-5-SB.
The charges cited Kelly’s violation of the Rules of Professional Conduct 1.3 (diligence); 1.4(communication); 1.16(terminating representation); and 3.2(expediting litigation).
Kelly has been confronted with two complaints, prompting the Board to review these matters during its meeting on June 9, 2023.
The first complaint raised concerns over Kelly’s communication with his client. It alleged that he failed to adequately keep the client informed and engaged in the legal process. Additionally, Kelly failed to stay updated on a crucial Tennessee Court of Criminal Appeals opinion published on November 30, 2020. The opinion had direct relevance to the client’s case, yet Kelly did not apprise the client of its existence nor its potential impact on his client’s right to appeal. Kelly also failed to resign from the case in a timely manner, which would have given his client the option of hiring new appellate counsel or representing himself.
The second complaint was based on Kelly’s failure to withdraw from the representation after being discharged by the client.
Based on these acts, the Court concluded that Kelly had violated the above-cited rules of professional conduct, and entered an order publicly censuring Kelly.
Mr. Kevin McLean Kelly attended Vanderbilt University – Vanderbilt Law School. Kelly is listed as a criminal defense attorney serving Nashville, and he has been admitted to practice in Tennessee in 2008.
A copy of the original filing can be found here.