Litigation Attorney In MD
Litigation Attorney In MD
Unfortunately, in some cases when two or more parties disagree on an issue, it becomes impossible to solve their problems without the help of a civil litigation attorney. Many people would prefer to leave lawyers out of these arguments, but a civil litigation attorney can actually be incredibly beneficial when it comes to resolving disputes. When you are embroiled in a legal dispute, a civil litigation attorney from Brown Kiely LLP can represent you in court so that a judge or jury can come to a decision on the matter. While a civil litigation attorney can represent you in court, they can also help you with arbitration and mediation and even pretrial hearings or depositions. If you would like to get in contact with a civil litigation attorney, contact our firm today.
What does a civil litigation attorney do?
Above all else, a civil litigation attorney puts his or her client first and knows that they are their client’s best advocate, especially when it comes to representation in the courtroom. A civil litigation attorney must be prepared for a number of different pretrial proceedings that may involve investigations and discovery, a settlement before going to trial, the trial itself, and even an appeal.
- Pretrial Proceedings. Before the trial even happens, a civil litigation attorney spends a great deal of time on depositions, interrogations, and exchanging information with the other side. This pretrial process helps in gathering evidence and it can help your civil litigation attorney understand what the other party may know.
- Settlement. While many TV shows might portray civil litigation attorneys mostly in the courtroom, they actually spend a great deal of time outside the courtroom, or may not end up going to trial at all. When this is the case, your civil litigation attorney may devise a plan that helps both parties reach some sort of settlement before ever stepping foot into the courtroom. Even if the trial is already going on, a civil litigation attorney can help you settle outside of the courtroom.
- Trial. If you and the other party are unable to settle your case outside of court, you will go to trial. When it does go to trial, it could take months or even years for the case to be completed, and the decision will be in the hands of the judge or jury.
- Appealing. If the case did not end up going the way you and your attorney believed it should, it is possible to have your case reviewed by an appeals court.
Common Causes of Litigation
Business litigation is one area in which a litigation law firm in Maryland can be of help. However, in today’s litigious society, lawsuits are filed for many different reasons, ranging from contract and property disputes to wrongful death. Here are some of the more common causes of action.
This is the most frequent reason for people seeking a legal remedy. It is also a vast area of litigation law; a personal injury lawsuit can be over something as simple as a dog bite or slip and fall accident or as complex as wrongful death. Often, the defendant (the party being sued) is not the individual directly responsible, but rather, a business or an insurance company. For example, an employee on the clock at Megalo-Mart mops the floor but neglects to leave out a warning sign for customers. As a result, Joe slips and injures his knee. The liable party in this situation would be Megalo-Mart Inc., not the employee.
Chances are, Megalo-Mart’s insurance company would off Joe a settlement. This is a situation calling for a litigation law firm in Maryland. The insurer will make a low-ball initial offer, which is why Joe should not sign any document until his attorney has an opportunity to examine it. The right litigation attorney will fight to get Joe the maximum compensation possible.
Things can get ugly when a deceased relative leaves money and/or property to members of the family. Estate litigation is one of the most complicated issues a litigation law firm in Maryland deals with. A will may be challenged if there are questions about the family member’s state of mind when it was made, if there was undue influence, or a long-lost relative suddenly pops out of nowhere. There may also be errors in the estate plan, a question of verbal agreements that were never put in writing, or even fraud allegations.
If you feel the need to contest a will, there are some things to keep in mind. First of all, time is of the essence: the state of Maryland gives a person a six month period after they appoint a personal representative in which to formally contest a will. Secondly, there must be legitimate grounds, i.e., the will was improperly prepared and signed or there was undue influence. Simply because one family member received more than another is not a valid reason for contesting a will.
If you are in the middle of a legal battle with another party, or if you believe a legal battle will ensue, it is best to get the help of a civil litigation attorney you can trust. For more information, reach out to Brown Kiely Law now.
Brown Kiely: A Litigation Law Firm Maryland Trusts
If you’ve been left to deal with an ongoing dispute, which may have led to uncompleted projects, you might be able to take action to resolve such problems with due haste. A litigation law firm in Maryland can assess your case during a free consultation. If we believe your claim is legally applicable to pursue, we will aim to hold the responsible party liable for their actions while protecting your vested interests.
How A Litigation Law Firm Maryland Has to Offer Could Help You
As experienced building and construction litigation lawyers, we understand the complexity and sensitivity of the encompassing issues. In conjunction with a logic-based approach, we strive to analyze all facets of the dispute and utilize specific knowledge to safeguard your interests and objectives. As a respected litigation law firm Maryland residents trust, we are ready to assist our clients in many ways including:
- Offering advice on key legislation, including concerns of insolvency
- Assess whether or not unfair preference claims or voidable transactions are a factor
- Examine priority disputes with mortgages or other creditors
- Advise on contractual documentation and arrangements including potential risks
In addition to the aforementioned, our legal team may help you to fight claims which could involve:
- Defective design issues
- Defective building or construction products
- Overbilling or lost labor
- Delay and disruption
- Failure to comply with building codes or zoning laws
- Underestimating costs and expenses
- Failure to comply with approved plans or specifications
- Financial damages caused by unreasonable or unaddressed delays
- Omission or misrepresentation of facts
- Construction delays and interference
- Breach of construction or building contracts or warranties
- Structural deficiencies
- Construction liens and foreclosure
- Insurance coverage disputes
- Environmental issues
Acknowledging the Statute of Limitations
If you’re involved in a dispute with another individual or entity in relation to building and construction, it may be prudent to contact a litigation law firm Maryland has to offer as soon as possible. In Maryland, and every other state, there are statutes of limitation that must be adhered to. Should this time limit lapse, you may be ineligible to pursue legal justice.
Traits of a Good Litigation Attorney
Are you facing legal problems regarding your business? Do you have concerns that your case may require litigation? Taking the time to find a litigation law firm in Maryland will be key, especially when faced with a legal entanglement that is likely to find its way to court. Keep in mind that just because an attorney has the ability to practice law; doesn’t mean they have the experience and skill required to litigate a case in court. Litigation is a specified skill that takes years to perfect. Brown Kiely LLP can provide you with experience that can leave you feeling confident knowing that your case is in our hands.
When looking for prospective litigation law firms in Maryland, there are several things that remain clear: always take the time to research attorneys prior to retaining their services. You will want to ensure that you have secured an attorney with experience in litigation and business law. Here are some traits that may indicate you have found a good attorney:
Strong Communication Skills
When a business is faced with litigation, a lot can be riding on the line. Because of this, you will probably be feeling some level of anxiety throughout your legal troubles. It’s important for a business owner to be able to regularly check in with their attorney for updates regarding their case. The last thing any client wants is to be left in the dark. Not only can this create stress but also, unnecessary anxiety. Finding a business attorney with strong communication skills can go a long way. Having an attorney who regularly updates you regarding the status of your case and is available when you need them can prove invaluable.
Aggressive and Persuasive
Although you probably don’t want your own Maryland litigation law firm to be aggressive towards you, having a legal professional who is persuasive and aggressive in the courtroom can go a long way. An attorney who possesses these qualities, has the ability to help you. They can argue your case in court, protect your interests, and give you the best possible chance at a favorable outcome. A persuasive attorney has the ability to build and present a case to the courts that judges and juries can understand.
Good Interpersonal Skills
Having a personable attorney can certainly make them someone who is easy to deal with. However, good interpersonal skills can go further than you may realize. An attorney with strong interpersonal skills can have the ability to build strong relationships with professionals in the legal field. Having positive relationships with judges, attorneys, and co workers can play a key role in managing a case that requires litigation.
Gives Clear Explanations
The entire legal process can be challenging to understand. Not only will you have the pay structure to contend with, you will also be engulfed in a legal process that can be complicated. An attorney who is patient and takes the time to provide you with education regarding the court system and clarification regarding your legal questions can provide a huge sense of relief. It’s also likely that you will want to have a clear idea of how much litigating your case will cost your business. Although an attorney’s services will be unavoidable and key to protecting your business, having a clear idea of the cost will be important. An attorney who can provide clear explanations can also clearly outline what to expect when it comes to legal fees.
It’s only natural that regardless of the attorney you hire, you are likely to still feel incredibly nervous over the legal process. However, with an experienced litigation law firm in Maryland, like Brown Kiely LLP, you can relax in knowing that your case is in our capable hands. Contact our law offices today so that we may begin providing you with the counsel you deserve.
When Should I Contact a Litigation Lawyer?
When you run into a dispute that cannot be settled outside of court, it is never too early to discuss your legal needs with a litigation attorney in MD. Your attorney can provide the legal guidance you need, so the sooner you get started with them, the better before you make any legal mistakes that could have negative effects on your case down the road. Waiting to contact an attorney also gives your attorney less time to review and research your case. Here are some common signs that you may be in need of a litigation lawyer:
- You have legal questions
It is suggested that you speak with an experienced lawyer when you have legal questions so that you can be sure that you are getting quality information and advice.
- You need legal representation
Representing yourself in court and other legal situations is not recommended by legal professionals for multiple reasons, one of which being that it is beneficial to have someone on your side with experience and knowledge in the particular area of law. Being in tense legal situations is daunting, and you can rest assured that you are in good hands with a Baltimore litigation attorney.
- You can’t come to an agreement with the other party
When people make things difficult for you and refuse to come to an agreement of any kind you can rely on the legal assistance of your lawyer. Your lawyer can make sure that things keep moving forward to a resolution and do their part in making it a positive outcome for you and your interests.
- You are unsure of how to move forward in the legal process
Legal situations and disputes can be very complex, but you can breathe more easily knowing that an experienced attorney is guiding you through the legal process so that you can come out the other side with things most likely going in your favor. Your attorney can assist with keeping the process moving forward and explaining what will come next so that you are never unsure of what to expect or how to keep the ball rolling in the right direction.
- You’re anxious about your case
Having legal troubles is never welcome in a person’s life, but when it comes, and you are anxious about your case, the best thing you can do for yourself is to hire an experienced lawyer to be on your side and fight on your behalf. This will give you the peace of mind you need to make it through the legal process and move on with your life. There is no need to go through this alone, so you will want to be sure to find a lawyer that you trust. The lawyers at Brown Kiely LLP would like the opportunity to earn your trust.
Contacting Brown Kiely: Building and Construction Litigation Lawyers
If you would like further information about our law firm, or building and construction litigation services, you may speak to us during a free and confidential consultation. To schedule your consultation with a litigation law firm Maryland residents trust, please call 301-718-4548.
Why do lawsuits cost a lot?
Lawsuits are pricey for a number of factors, but the main reason is that lawsuits are really time consuming and labor-intensive. For a legal representative to be prepared at trial, he should know practically every aspect or facet of the case, and be familiar with each and every document related to the case. Some legal representatives estimate that they must spend at least 10 hours in preparation for every single one hour of actual trial time. Sometimes the cost of professional witnesses significantly increases the litigation expenditures. In other cases, the large variety of witnesses to be spoken with and/or cross-examined can significantly influence the expenditure of the case.
Learn more by reaching out to a litigation law firm in MD, like Brown Kiely.
If I enter a lawsuit, are there less costly options to litigation?
There are alternatives to litigation, the majority of which fall under the basic category of “Alternative Dispute Resolution.” Two of the most typical alternatives are mediation and arbitration. For more information on ADR, click on the area identified as “Alternatives to Litigation.”
Assuming a claim was simply begun, the length of time does it require to get to trial?
The length of time from beginning a claim till actual trial of a lawsuit is extremely tough to generalize, since scheduling problems will depend upon the individual judge, whether you remain in federal court or state court, whether either side will purposely postpone, whether substantial discovery is essential, and numerous other elements. In some counties, a trial might take place within 9 months of initial filing. In counties having a large number of filings, the expected time between preliminary filing and a trial date might vary anywhere from 12 months through 2 years. If you have a case that you wish to move forward, make certain that your lawyer really files and serves the claim in a prompt way, and ensure the attorney submits the documentation to request a court date.
Are there some matters which proceed faster through the court system?
Yes. Unlawful detainers (eviction claims) continue to trial in a matter of weeks. Conciliation court hearings are usually set up within a month approximately, and if one party appeals a conciliation court decision to the district court judge, those trials are normally heard within 3 to six months. Motions for establishment of momentary child support or alimony are also scheduled on relatively short notice, even though the last trial may be months or years away.
To find out more about expected times of trials, reach out to Brown Kiely, a litigation law firm in Maryland.
Am I entitled to a jury trial?
Usually speaking, most civil claims are entitled to a jury trial. This includes collection conflicts, contract claims, and accident suits. The right to a jury applies to any major criminal case. Jury trials are not available in divorce actions, juvenile procedures, or probate procedures; those matters are identified solely by a judge acting without a jury.
Litigation Law Firm in Maryland
At Brown Kiely, LLP, a lawyer from our litigation law firm in Maryland often helps clients with contract related issues. Specifically, oral contracts in particuar tend to cause litigation issues in the future. Even two or more parties who are under the best of terms can quickly turn sour when a verbal agreement goes south. Oral agreements can be great, up until there is an issue. And then, there’s no written terms to refer to that can clarify each party’s responsibilities.
Those who are dealing with business litigation disputes are advised to speak with our team immediately, as putting off an issue of this nature can result in business profit loss and tainted relationships with partners.
What requirements are expected for an oral contract?
Verbal contracts are spoken agreements that are assumed valid and enforceable by each party. However, a spoken contract may not be legally binding unless it meets certain requirements of contract formation. An oral contract may include terms related to properties, goods, money, services, performing a task, or refraining from a task. Requirements of an oral contract are listed as follows:
- Offer (terms of an agreement were presented)
- Acceptance (each party has accepted the offer)
- Consideration (each party has the right to seek litigation)
When does an oral agreement fall under the Statute of Frauds?
Verbal agreements are not legally enforceable if they are categorized under the Statute of Frauds. This means that a party cannot engage in deceitful behavior without potential repercussions. These statues mandate that agreements are made in writing when having to do with:
- Property transfer
- Paying off another’s debts
- Contracts that will take more than 12 month to finish
- Contracts that last longer than at least one party’s lifespan
- Real estate sales for executors of a will
- Real estate leases that last longer than 12 months
Are handshake deals okay if you trust the other person?
Handshake deals can be made, but it recommended that you follow up with a written contract anyway. Even if you have a great dynamic with another party, or multiple, it’s best to have something to reference in the event there is unclarity or confusion about the terms of the agreement. In fact, it can help you keep your business relationships intact if you have a written contract, over just a verbal one.
Significant Litigation Cases & Impact
When seeking a capable Maryland litigation law firm, it’s imperative to consider the firm’s track record and familiarity with notable cases that have shaped the legal landscape of the state. A strong history of successfully navigating complex cases can be indicative of a law firm’s prowess in handling intricate legal matters. Several significant cases have left a lasting impact on Maryland litigation, illustrating the expertise required to excel in this field.
The case of In re: Lead Paint Litigation holds substantial relevance in Maryland’s legal framework. This landmark case centered around the responsibility of property owners and landlords to address lead paint hazards in residential properties, particularly those housing children. The case emphasized the duty of care that property owners have towards ensuring the safety of tenants, particularly vulnerable populations like children. A Maryland litigation law firm well-versed in such cases should be equipped to handle complex liability issues while advocating for the rights and well-being of affected parties. The implications of this case extend to premises liability and the protection of public health, making it a cornerstone of any discussion on Maryland litigation law.
Brown v. St. Agnes Hospital stands as a prime example of medical malpractice litigation that has shaped Maryland’s legal landscape. This case revolved around allegations of negligence and medical error resulting in harm to a patient. The significance of this case lies in its emphasis on the duty of medical professionals to provide a certain standard of care to their patients. A proficient Maryland litigation law firm should be well-acquainted with the nuances of medical malpractice law, capable of meticulously investigating the circumstances and building a compelling case on behalf of the aggrieved party. This case also highlights the importance of thorough documentation and expert testimony in medical litigation, further underscoring the expertise required to navigate such complex matters.
Tejada v. Prince George’s County Police Department is a pivotal case within the realm of civil rights and law enforcement accountability in Maryland. This case shed light on issues of excessive use of force and violations of individuals’ constitutional rights by law enforcement officers. The case serves as a reminder of the need for law enforcement agencies to be held accountable for their actions and for individuals’ rights to be upheld, even in the face of governmental authority. A proficient Maryland litigation law firm should possess a deep understanding of civil rights law and the ability to advocate for justice when individuals’ rights are infringed upon. This case showcases the importance of legal representation that can navigate the complex intersection of law enforcement procedures and individual rights.
A distinguished Maryland litigation law firm should exhibit a comprehensive understanding of the intricacies presented by pivotal cases such as In re: Lead Paint Litigation, Brown v. St. Agnes Hospital, and Tejada v. Prince George’s County Police Department. These cases represent diverse areas of litigation, ranging from premises liability to medical malpractice and civil rights. An adept law firm will leverage the lessons imparted by these cases to offer competent and effective legal representation, ensuring that clients’ rights are safeguarded and justice is pursued.
Contact Brown Kiely, LLP Now
Busines disputes and litigation over contracts is something many business owners will encounter at some point or another in their career. It helps to have a legal team who can watch out for your best interests. Please consider contacting Brown Kiely, LLP, a Maryland litigation law firm you can rely on for all your business needs.
If you would like further information about Brown Kiely, or litigation services, you may speak to us during a free and confidential consultation. To schedule your consultation with a litigation law firm Maryland residents trust, please call 301-718-4548.