
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.
- Criminal Law
- Criminal Appeals, Drug Crimes, Expungement, Fraud, Gun Crimes, Internet Crimes, Sex Crimes, Theft, Violent Crimes
- DUI & DWI
- Family Law
- Adoption, Child Custody, Child Support, Father's Rights, Guardianship & Conservatorship, Paternity, Prenups & Marital Agreements, Restraining Orders, Same Sex Family Law
- Personal Injury
- Animal & Dog Bites, Brain Injury, Car Accidents, Construction Accidents, Motorcycle Accidents, Premises Liability, Truck Accidents, Wrongful Death
- Construction Law
- Construction Contracts, Construction Defects, Construction Liens, Construction Litigation
- Estate Planning
- Guardianship & Conservatorship Estate Administration, Health Care Directives, Trusts, Wills
- Business Law
- Business Contracts, Business Dissolution, Business Finance, Business Formation, Business Litigation, Franchising, Mergers & Acquisitions, Partnership & Shareholder Disputes
- Free Consultation
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Credit Cards Accepted
Visa, MasterCard, Discover -
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
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- Maryland
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- University of Maryland - Baltimore
- J.D. (1987) | Law
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- University of Maryland - College Park
- B.A. (1984) | English
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- District of Columbia Bar
- Member
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- Maryland State Bar Association
- Member
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- Bar Association of Montgomery County
- Member
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- Q. Is a simple living trust enough for our house to avoid issues for our children in Maryland?
- 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 ... Read More
- Q. Can my landlord restrict firearm ownership in my apartment in MD?
- 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” ... Read More
- Q. Are non-compete clauses enforceable for 1099 physicians in Maryland?
- 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, ... Read More