• Experienced in Civil Litigation in State and Federal Court

• Types of Civil Litigation: auto accidents, breach of contract, breach of fiduciary duty, business torts, intentional torts (such as conversion, defamation and fraud), debts, mold illness, negligence, personal injury, premises liability, property damage, and sales of real property

• Excellent oral and written advocacy skills which are important ingredients of success to win your case

Here’s what you need to know about civil litigation:

It is generally much more complex, variable, costly and stressful than clients think because of the complicated procedure, the intrusiveness of discovery, the uncertainty of rulings on motions, the strategy of settlement negotiations, and the uncertainty, expense and stress of trials. Civil litigation is frequently not civil, but rather requires solid preparation and aggressive execution. Many times, the issues that a client feels are important are never addressed or resolved, and cases digress into technicalities. In other words, civil litigation tends to be expensive, time consuming and an emotional rollercoaster. My experience and knowledge of civil litigation will serve you well.

The rules of civil procedure govern all phases of civil litigation from the filing of the initial complaint to post-judgment collection. The rules of evidence concern how and what testimony and documents may be admitted into the record. The substantive law covers each type of legal or equitable claim and is often used to decide cases without resort to trial. Strategy and tactics are critical in either gaining an advantage over the opposing party or limiting the opposing party’s advantage. For example, a party with greater financial resources often finds litigation by attrition to be a winning strategy. Discovery enables each party to demand presentation of the other party’s evidence and includes written questions called interrogatories, requests for production of documents, requests for admissions, and depositions upon oral questions. Motions practice covers all phases of litigation including dispositive motions to decide cases without resort to trial.

Unless a case is dismissed, parties generally find themselves in a position to settle among themselves or resort to trial. Many more cases settle than go to trial because of the greater certainty of result and lesser expense. Cases may be settled using various methods including mediation, settlement conferences, and lawyer-to-lawyer negotiations. The parties control settlement and can fashion the terms, including payment of money, apologies, references, etc. If cases do not settle, trials are designed to bring civil litigation to resolution be entry of final judgment. They may be conducted as bench trials where a judge decides or as jury trials. Trials generally require extensive preparation of witnesses, questions, exhibits and arguments. Clients have difficulty understanding the uncertainty of trial and more often than not are disappointed with the result.

CONTACT

Mark G. Chalpin
116 Billingsgate Lane
Gaithersburg, MD 20877
Office: (301) 990-4900
Cell:    (240) 423-7227
Fax:    (832) 201-7392
Email: mark.chalpin@gmail.com