Ocean City Civil Litigation Lawyer
Civil litigation is a lawsuit filed by one party (the plaintiff) against one or more other parties (the defendants) in civil court instead of criminal court. Criminal cases involve the government bringing charges against an individual for violating a criminal law to punish the defendant. In contrast, civil cases consist of two or more private parties in dispute, with one party seeking relief from the other(s) for some harm or injury suffered.
In civil litigation, specific rules of procedure must be followed, including discovery procedures and trials in both district and circuit courts. Along the way, all civil cases may involve some form of alternative dispute resolution through mediation or a court-ordered settlement conference.
If you are involved in a civil dispute, call The Law Office of Steven W. Rakow. With decades of experience that can be applied to preparing, negotiating, or litigating your case in civil court, Steve Rakow represent clients in Ocean City, Salisbury, and the surrounding counties of Worcester, Wicomico, Dorchester, Caroline, Talbot, and Somerset.
Arrange for a consultation with Worcester County civil litigation attorney Steve Rakow by contacting the firm at 410-600-3075.
Understanding Civil Litigation in Maryland
The standard of proof in nearly all civil cases is a preponderance of evidence – meaning that the claim that prevails is more likely than not the valid version of the disputed events that occurred. This contrasts with “beyond a reasonable doubt,” the higher standard of proof in criminal cases. Some civil cases have a clear and convincing standard of proof, but those are few, and your attorney can explain to you which types of actions require that level of proof.
The consequences in civil cases also differ from those in criminal law. In a criminal case, if the defendant is found guilty, they may face incarceration, fines, probation, or other forms of punishment.
In civil litigation, the case's outcome is usually a monetary award, some other form of compensation, or an injunction. Injunctions are court orders that require a party to either cease some action or do something specific, called “specific performance.” An example of specific performance would be ordering a party to fulfill their contractual obligations.
Civil Litigation Services
- Breach of Contract Disputes – both plaintiff and defense. This type of civil litigation involves disputes between parties who have entered into a contract, where one party alleges that the other party has failed to fulfill their contractual obligations. The plaintiff seeks damages for the breach, while the defendant defends against the allegations.
- Builder/Contractor Disputes with Property Owners – both plaintiff and defense. This type of litigation involves disputes between builders/contractors and property owners, where one party alleges that the other has breached the terms of the construction contract. The plaintiff may seek damages for construction defects or delays, while the defendant may defend against the allegations.
- Commercial Landlord/Tenant Litigation for Landlords. This type of litigation involves disputes between commercial landlords and tenants, where the landlord seeks to enforce the terms of the lease agreement, such as rent payments or maintenance obligations. In this case, the landlord is the plaintiff, and the tenant is the defendant.
- Government Civil Forfeiture Cases. Civil forfeiture cases involve the government seizing property suspected of being involved in illegal activity. This type of litigation is different from criminal forfeiture, as the property itself, rather than an individual, is the subject of the case.
- Homeowners Association Legal Disputes. This type of litigation involves disputes between homeowners and their homeowners association (HOA), where the homeowner alleges that the HOA has not fulfilled its duties or has violated the homeowners' rights. The plaintiff is the homeowner, while the defendant is the HOA.
- Condominium Owner Legal Matters. This type of litigation involves disputes between condominium owners and the condominium association, similar to homeowners association matters. Steve Rakow represents both condo associations and condominium unit owners regarding civil matters.
- Peace and Protective Order Hearings in Maryland. Peace order and protective order hearings involve requests for legal protection from harassment, abuse, or threats. The plaintiff seeks a protective order against the defendant, who may defend against the allegations.
Other practice areas in civil cases include basic corporate matters, contract review, and general practice matters.
If you are seeking legal advice, guidance, or representation in any of the above, call 410-600-3075 to get started today.