Mark Oakley

Mark W. Oakley is an established litigation attorney concentrating on civil litigation, personal injury, construction law, and criminal and traffic defense. He also advises business clients, negotiates and drafts contracts, and handles a variety of litigation matters at all levels of the state and federal court systems. Mr. Oakley is trained and certified in the collaborative practice of law. Mr. Oakley is a graduate of the University of Maryland School of Law (J.D. 1987), and the University of Maryland, College Park (B.A. 1984). He is a member of the Maryland State Bar Association, the District of Columbia Bar, and the Bar Association of Montgomery County. He is admitted to practice before the Court of Appeals of Maryland, the District of Columbia Court of Appeals, the United States District Court for the District of Maryland, the United States District Court for the District of Columbia, and the United States Court of Appeals for the Fourth Circuit. Authored the winning brief in the case of 1986 Mercedes v. State of Maryland, a precedent-setting decision limiting the State’s power to forfeit private property.

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• Contingent Fees
  I handle personal injury claims on a contingent fee basis, meaning if there is no recovery, you do not owe me a legal fee.

District of Columbia

District of Columbia Bar

Since 1989

Maryland

Since 1988

University of Maryland - Baltimore

J.D. (1987) | Law

1984 - 1987

University of Maryland - College Park

B.A. (1984) | English

1980 - 1984

District of Columbia Bar

Member

1989 - Current

Maryland State Bar Association

Member

1988 - Current

Bar Association of Montgomery County

Member

1988 - Current

Q. Is a simple living trust enough for our house to avoid issues for our children in Maryland?

June 2, 2025

A: “Simple” is not an adjective I would ordinarily use for a living trust, or any trust for that matter, but yes, a living trust is one option that can address your concerns, but a lot more expensive one than a typical Will, which can accomplish the same result much more cheaply and without that much more trouble in the event of you and your spouse’s simultaneous sudden deaths by accident. That latter result seems a low probability outcome to base a decision on whether to use a trust or not. There are good reasons depending on your assets and circumstances to have a living trust in place, and an unlikely simultaneous death does not rise very far up on the list of reasons. I would recommend you first have a consultation about your estate planning needs and concerns, and then with guidance, select the best options for your situation. ... Read More

Q. Can my landlord restrict firearm ownership in my apartment in MD?

June 2, 2025

A: If the restrictions are not already in your lease, and your lease is not up for renewal yet, then you cannot be required to sign the addendum; however, the landlord is not obligated to renew your lease at the end of the term. Unless you are in a public housing property, then you are dealing with a private landlord, and the 2d Amendment does not restrict private parties to a contract (a lease is a contract), from agreeing to any restrictions in their agreement. The US Constitution only restricts government authority from impinging on rights. The landlord is under no obligation to lease the premises to you if you refuse to sign a new lease containing that restriction, the same as “no smoking” and “no pets” restrictions, but the landlord can’t change the terms of the lease before the term of the lease ends. Read your lease carefully and look for any provisions that may allow the landlord to unilaterally change or impose new terms during the lease term. Vague rights to impose new rules for safety reasons may be insufficient to allow a significant change like gun ownership (same as if the lease allowed pets without breed restrictions when you signed, and suddenly mid-lease the landlord decides to ban pit bulls, and you own a pit bull—that would not be a permitted change since you signed the lease expecting you could have your dog on the premises). ... Read More

Q. Are non-compete clauses enforceable for 1099 physicians in Maryland?

June 2, 2025

A: While non-compete clauses are legal and enforceable as a general proposition, in practice it depends very much on the specific facts. The reasonableness of the time and distance limitations matter a lot. Also, a non-compete will not be upheld to prevent an employee from changing jobs in their employment field to perform their normal vocation or profession, regardless of the time frame and distance limitations of the noncompete clause.

However, if the noncompete clause is directed at your performance of a unique service that this company trains or taught you to do, that has few or no other competitors in the area, and you go to a competitor or open up shop to perform the same service nearby, then the noncompete clause likely would be upheld. But if you are simply being hired to provide generic medical or healthcare services that are being provided generally in the area, then it is extremely doubtful the employer could enforce a noncompete clause that prevents you from earning a living providing those same services for some other employer or as part of your own practice, no matter how close to the former employer you work.

The real concern is that you take their patients with you when you switch practices. Patients can be very loyal to their doctors. The patients come to the practice initially, not you, but then are assigned to you and develop a relationship they do not want to end if they like you. So if you are in a situation where you want to depart from this employer and work elsewhere, and your patients may or will follow you out the door, then you should consult with an employment lawyer before you do so and address how best to transition out and how to inform your patients about your departure. A medical practice cannot prevent their patients from switching doctors or practices, but there’s a fine line between informing your patients of your departure and telling them where you’re moving to, and soliciting your patients to follow you to the new practice. The latter will be what gets you into trouble. ... Read More