Ky. Rev. Stat. » Chapter 411

Ky. Rev. Stat. § 411.165

Liability of attorney for professional negligence

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(1) If any attorney employed to attend to professional business neglects to attend to the business, after being paid anything for his services, or attends to the business negligently, he shall be liable to the client for all damages and costs sustained by reason thereof. (2) If any attorney employed to attend to any professional business receives his fee and does not attend to the business, he may be sued and made to refund the fee. History: Created 1976 Ky. Acts ch. 58, sec. 10.

Notes of Decisions
Cited in 6 cases (4 in the last 5 years), 2012–2025 · leading case: Osborne v. Keeney
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Osborne v. Keeney (2012) ky · cites it 11× “Osborne also argues that KRS 411.165, the statute controlling liability of an attorney for professional negligence, allows recovery of lost punitive damages because it says that an attorney found guilty of malpractice “shall be liable to the client for all damages and costs…”
Meredith L. Lawrence v. Bingham, Greenebaum, Doll, L.L.P. (2018) ky · cites it 3× “ppellees failed to properly plead it in this case; (5) the Exoneration Doctrine and its reliance on the ineffective assistance of counsel standard is not applicable to his claims concerning fee disputes, intentional post-trial betrayal, violations of Supreme Court Rules, fraud,…”
Andre Mulligan v. Kenneth H Baker (2025) kyctapp · cites it 2× “8 Mulligan also argues that KRS 411.165 permits the award of pain and suffering based upon Baker’s negligence.”
Kenneth H Baker v. Andre Mulligan (2025) kyctapp · cites it 2× “8 Mulligan also argues that KRS 411.165 permits the award of pain and suffering based upon Baker’s negligence.”
Cut-N-Shoot, L.L.C. v. Bingham Greenebaum Doll, L.L.P. (2021) kyctapp “Lawrence also alleged, as he does in the present case, that Bingham “willfully/intentionally breached fiduciary duties,” “the Exoneration Doctrine is not applicable to his claims regarding fee disputes, intentional betrayal, violations of the Supreme Court Rules, fraud, and…”
Peppy Martin v. Jeffrey Callen (2022) kyctapp “The professional liability claim was dismissed because it was brought under KRS 411.165, which pertains to conduct by attorneys and was therefore irrelevant to Martin’s case.”
— Ky. Rev. Stat. § 411.165(1) — 3 cases
Osborne v. Keeney (2012) ky “Osborne also argues that KRS 411.165, the statute controlling liability of an attorney for professional negligence, allows recovery of lost punitive damages because it says that an attorney found guilty of malpractice “shall be liable to the client for all damages and costs…”
Andre Mulligan v. Kenneth H Baker (2025) kyctapp “8 Mulligan also argues that KRS 411.165 permits the award of pain and suffering based upon Baker’s negligence.”
Kenneth H Baker v. Andre Mulligan (2025) kyctapp “8 Mulligan also argues that KRS 411.165 permits the award of pain and suffering based upon Baker’s negligence.”
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