Family Law

• Guardianship
  When the proper power of attorney documents have not been executed, and a person becomes unable to handle their own affairs, it may be necessary to have the Probate Court appoint someone to handle the affairs of the incompetent person. Guardianship actions can be brought in order to make medical decisions for the person, or to decide where the person is going to reside. Conservatorship actions allow a person to be placed over the financial affairs of the incompetent person. Unlike probate, where a simple estate may be administered without the aid of an attorney, Guardianships and Conservatorships generally require the services of an attorney.

Criminal Law

• Criminal Defense
  Dean attended Wofford College on an academic scholarship before studying at the University of South Carolina Law School. Dean comes from a family of attorneys who practice throughout the state. While an undergraduate, he double majored in economics and finance and worked at the Diamaduros Law Firm in Union, South Carolina. Dean was honored to be a member of the prestigious American Inns of Court. In addition to his academic studies, he served as a law clerk at a boutique criminal defense firm – The Li Law Firm – in Columbia and was a summer associate at Holcombe Bomar. Dean is dedicated to serving his clients with responsive and exceptional legal services.
• DUI/DWI
• Wrongful Death
  Our firm regularly represents the families and loved ones of those that have died as a result of the wrongful conduct of another. In a wrongful death action, the damages recoverable are those sustained by the statutory beneficiaries resulting from the death of the decedent.
• Traffic Violations
  Examples of trucking cases include driver's negligence as a result of traffic violations, permitting violations, fatigue, intoxication or distractions. Trucking companies are subject to liability for failing to properly hire and train drivers, or for retaining reckless drivers. Trucking companies also may be subject to liability for failing to conduct proper background checks, failing to inspect their vehicles, or failing to implement safety personnel and/or safety standards.
• Sex Crimes
• Theft
• Embezzlement
• Assault
• Identity Theft

Business and Corporate Law

• Business Disputes

Employment Law

• Workers Compensation
  What happens when you are injured on the job? Who will pay your medical bills and what happens if you are unable to return to work? Whether you have been injured by specific accidents, by repetitive trauma, or by inhaling dangerous fumes or chemicals, you have rights under South Carolina's workers' compensation laws. Mike Kelly Law Group can help you with filing the initial claim, getting help with your medical bills and prescriptions, and we can even work to help you collect some lost income from missed time at work. You also may be entitled to a lump-sum settlement for your permanent injuries. Hopefully your claim can be resolved without the need for a hearing before a workers' compensation commissioner, but should your case require a hearing, the lawyers at Mike Kelly Law Group are equipped to handle the most difficult of cases.
• Wrongful Termination
  Janet E. Rhodes is a litigator who joined the Mike Kelly Law Group in 2022. Rhodes' practice focuses on employment law where she represents both employees and employers in a variety of matters. Rhodes has represented clients in matters involving wrongful termination, discrimination, wage disputes, and equal pay. She has represented employees and employers who have employment contract disputes, including non-compete agreements. Rhodes has litigated matters involving the Family Medical Leave Act, the Fair Labor Standards Act, Title VII, the Americans with Disabilities Act, and the Age Discrimination in Employment Act. Rhodes has extensive experience drafting employment agreements, non-compete agreements, independent contractor agreements, and severance agreements. For employers, she offers an in-depth employment practices audit ensuring employers are in compliance with the law with regards to matters such as statutorily mandated terms of employment and postings; she also drafts handbooks meant to serve as a first line of defense for employers with employee disputes.
• Employment Discrimination
• Employment Contract
• Employment Litigation
  Our employment law team has represented thousands of clients, both employers and employees in a wide variety of matters. While many believe that because South Carolina is an at-will state, there is nothing that an employee can do when they are wrongfully treated, this is not the case. There are numerous state and federal laws which protect employees when they experience employment disputes. These same laws protect employers from unsupported employee complaints and disputes. We have experience litigating and defending employment disputes at every level, including grievance procedures, charges of discrimination with the South Carolina Human Affairs Commission and/or the Equal Employment Opportunity Commission, Labor Licensing and Regulation claims, state and federal lawsuits, and arbitration. Whether you are an employee who has been terminated due to a disability or an employer who has been sued for discrimination, our team can help.
• Non-compete Agreement
• Severance Agreement

Property Law

• Real Estate Litigation
• Premises Liability
  The Mike Kelly Law Group has handled hundreds of cases for individuals that have sustained injuries while on someone else's property. This area of practice is typically referred to as premises liability. An owner of a property that extends an invitation to the general public or holds its premises open for a purpose connected with its business has a duty to exercise reasonable care for the safety of its visitors.
• Construction Litigation
  Construction defects range from cracks in the walls, water seeping through windows, electrical sparking, leaking from the roof, to doors that will not open or close properly. It is often difficult for the typical homeowner in South Carolina to understand complex construction principles and they often face the daunting process of trying to communicate with construction professionals and understand what is exactly is causing their problem. With developers, contractors, suppliers and manufacturers all pointing the finger at each other, it is often hard for the homeowner to know where to turn or what to do next.
• Real Estate Transactions
  In South Carolina, all real estate closings in which the property is mortgaged are required to be supervised by a licensed South Carolina attorney. This includes closings involving the sale of property and closings involving the refinance of an existing mortgage. The borrower always has the right to choose their own closing attorney. The responsibilities of the closing attorney include examining title and certifying title to the lender, obtaining title insurance, if required, reviewing closing documents prepared by the lender, preparing a settlement statement, explaining loan documents to the borrower and ensuring all documents are executed properly, returning closing documents to the lender, and recording deeds and mortgages. The seller in a real estate transaction may also be represented by the attorney of their choice, who will represent the seller's interests at closing, review seller documents, and prepare the deed.
• Landlord-Tenant Disputes
  When renting property, it is recommended that all the terms of rental be written into a lease agreement signed by the landlord and the tenant. Tenancies that are not governed by a written agreement are governed by South Carolina Landlord-Tenant law, and are generally month-to-month in nature. The lack of a proper lease agreement can cause trouble in situations where one of the parties is not upholding their end of the agreement. A lease agreement properly drafted by an attorney can avoid many issues in the event of conflict.

Health Law

• Personal Injury
  When our clients are injured due to an auto accident, they often face substantial medical and/or hospital bills for treatment of their injuries. Their injuries may require them to lose time at work which results in their inability to pay their bills due to lost income. Relying upon representatives of insurance companies for the at-fault party to fully inform clients of their right is never advisable. Personal injury victims can often be misled by the media and other community members about the law and what exactly they are entitled to receive from the at-fault party.
• Medical Malpractice
  Nursing home negligence claims are unlike those for medical malpractice, which focus on the wrongful actions of an individual. Instead, this type of case often centers on the financial motives of nursing home operators. Owners are often faceless corporate entities.
• Auto Accidents
• Social Security Disability
  Do you suffer from injuries or illness that are so severe that you are unable to do your job? Has your inability to work caused you tremendous financial stress and worry over how you will be able to pay the bills and support your family. If you are disabled, you may already be aware that collecting Social Security Disability benefits from the Social Security Administration is a long battle of exhausting and frustrating forms, long periods of being placed on hold, and conversations with rude and uncaring personnel. It is all you can do to avoid giving up on the process entirely! If you have been denied Social Security Disability benefits and your doctors are telling you that you cannot work, Mike Kelly Law Group can help. We can help you battle the Social Security Administration by pursuing an appeal before the Administrative Law Judge. Don’t give up yet, call us for a free consultation!

Trusts and Estates

• Estate Planning
  A trust is an instrument for placing assets in the care of a person capable of taking care of those assets for the benefit of someone who may not yet be capable of doing so, for directing how assets are to be handled for multiple persons and potentially multiple generations, and for other estate planning purposes. An attorney can help you decide if a trust is the right instrument for your particular needs.
• Wills
  In order to legally pass on the title to a person's assets, an estate must be opened for the deceased in the Probate Court of the County where the deceased resided at the time if his/her death. This must be done within ten years of the decedent's death. Most estates can be opened informally, which means without having a hearing in front of the Probate Judge, but some estates require formal proceedings, including a hearing to determine who should be appointed as the Personal Representative and sometimes to determine if a will should be admitted as the deceased's last will and testament. Probate Courts generally recommend the use of an attorney for formal proceedings. In any probate estate, an attorney can assist the Personal Representative in preparing documents for filing with the Probate Court, meeting probate deadlines, handling creditor claims, advising the Personal Representative, attending any hearings which may become necessary, and ensuring that the Personal Representative follows the laws governing the probate process.
• Trusts
• Power of Attorney
  A power of attorney is an instrument for giving the power to another person to act on your behalf. There are different types of powers of attorney to fit the different needs of the individual, and can be broad or narrow in scope. They can be vital in avoiding court actions in the event you were to become incompetent and unable to handle your own affairs, and therefore are a highly recommended piece of any estate plan.
• Probate

Finance Law

• Foreclosure
  In cases where the owner of property has financed the sale with a note a mortgage, and the buyer has defaulted on making payments, it may become necessary for the seller to foreclose on the mortgage. The foreclosure process involves making a proper demand for payment, and if payment is not rendered, filing the proper suit in court to facilitate the sale of the property in order to recover the debt owed. It is highly recommended that an attorney handle this process to ensure that it is done properly. This is the same process that is used by banks and other lenders when borrowers default on the terms of their note and mortgage. From the perspective of the owner of property facing foreclosure, an attorney can often assist in negotiating a settlement with the holder of the mortgage so that foreclosure does not become necessary.