Disputes

Civil Litigation

Breach of contract, real estate matters, and various other civil disputes, taken to court when they cannot be settled.

Breach of contract, real estate and other civil disputes

A civil dispute is usually about a promise or a piece of property. A supplier ships the wrong goods, a contractor stops work, a buyer backs out of a contract of sale, a neighbor claims an easement across your lot. The firm's own description of this work is breach of contract, real estate matters and various other civil matters, and the first job is to read the paper: the contract, the deed, the emails, and whatever the other side has already put in writing.

From there the question is what you want and what the law can give. Sometimes it is money damages, sometimes an order that the other side perform or stop, sometimes a declaration of who owns what in the land records. Strict deadlines apply to every civil claim in Maryland, and they differ by the kind of claim, so the call should come while the dispute is fresh and the documents are still easy to find.

Pleadings, discovery and motions

A civil case opens with pleadings. The plaintiff files a complaint in the District Court of Maryland or, for larger or more complex disputes, in the Circuit Court for Baltimore City or Baltimore County. The defendant answers, raises any defenses, and may file a counterclaim of its own. Service of process and the time to respond are set by the Maryland Rules, which is why a late or defective response can cost a party ground it never gets back.

Discovery follows: written interrogatories, requests for documents, requests for admission, and depositions where witnesses answer questions under oath. Done carefully, it narrows the case to the facts that are truly disputed. Motions test the pleadings and the record, a motion to dismiss early on and a motion for summary judgment once discovery closes, while a scheduling order sets the dates for all of it. Many cases settle in this stretch, sometimes at a mediation the court orders or the parties choose.

Trial, appeal and enforcing a judgment

If the case does not settle, it is tried to a judge or, where the law allows, to a jury. The attorney's work in the weeks before trial is exhibits, the order of witnesses, motions on what a jury may hear, and proposed jury instructions. The trial is often the shortest part of the case. A ruling or verdict is followed by post-trial motions, and a party who disagrees can note an appeal to the Appellate Court of Maryland, within a strict deadline.

A judgment is a piece of paper until it is collected. Enforcement in Maryland can mean a writ of garnishment on wages or a bank account, attachment of property, or recording the judgment so that it becomes a lien on land in the county. A defendant facing a judgment has questions of its own: a stay while an appeal is pending, a payment arrangement, a challenge to the amount. Either way, call promptly, because the deadlines to act do not wait.

A third-party directory lists the firm's practice as general trial, appellate and federal practice, and the firm's 2017 attorney profiles record admission in Maryland, the U.S. District Court for the District of Maryland and the U.S. Court of Appeals for the Fourth Circuit, with Carl E. Tuerk, Jr. also admitted before the U.S. Supreme Court. Those are records of where the attorneys have been admitted, not a forecast of how any dispute will end.

A records room of banker's boxes and tabbed accordion case files

A records room of banker's boxes and tabbed accordion case files

Firm attorneys admitted in Maryland, the District of Maryland and the Fourth Circuit.