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.

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

District of Columbia

District of Columbia Bar

Since 1989

Maryland

Since 1988

• Free Consultation
• 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.

Q. What lawyer needed for family business dispute over asset paid by business?

April 1, 2025

A: If you want to sue them for the business assets, i.e., the house, then you're going to have a statute of limitations problem on your claim for waiting for 7 years after the business was closed and filed for bankruptcy, and potentially an issue with the bankruptcy court, since it sounds like what you are saying is that the business did not list the house among its assets in the bankruptcy, so the trustee in bankruptcy was unaware that the house was available to seize and sell to use the proceeds to pay the creditors of the business. That's bankruptcy fraud. People can go to jail for that, or the bankruptcy can be unwound and the corporate veil pierced and the creditors may be free to go after all the shareholders of the company personally. You are one of those shareholder, and were you managing the company when the house was put in the other shareholders' names? You want to stir that pot? This is one of those cases where the end result may be worse than doing nothing at all. But maybe there's something more to this story and my understanding is wrong. You will need a business/corporate law attorney and a bankruptcy attorney to review the details and advise you. But the first bar to clear is the statute of limitations. That may stop you in your tracks before you even begin. ... Read More

Q. How can I keep my home address private for a Maryland sole proprietorship?

March 31, 2025

A: You need a real address for the principal office. It does not need to be your personal residence. Obviously, that means you need to arrange for another address. If you have a friend or colleague willing to let you use their existing office for the purpose, basically a mail drop for you, that’s one option. There are “virtual” or satellite offices for lease that have brick and mortar addresses which provide basic services (phone, fax, receptionist) and use of a conference room or office, not necessarily a designated 24/7 space, but by scheduling in advance. Monthly costs vary. As for resident agents, there are a number of companies that act as resident agents for an annual fee.

Q. Can a parent be forced to pay for daycare used by the other parent in a 50/50 custody arrangement?

March 31, 2025

A: A court can always modify a child support agreement in accordance with the Maryland Child Support Guidelines, which are mandated by statute and generally cannot be waived by agreement of the parents. So either parent can go to court to modify an agreed child support arrangement using the Guidelines. The Guidelines calculate the total amount of child support based on the gross income of both parents, plus the cost of health insurance/medical costs of the child, plus the cost of work-related child care expenses incurred by a parent during their period of custody. The Guidelines have a “shared custody” calculation that takes into account the total number of overnights the child is with each parent, and child support is then calculated to equalize the amount of child support the child is receiving at all times. This usually means the spouse with lower income and higher expenses will be the one receiving child support as part of the equalization of funds to support the child. How that equation works out in your specific situation requires information as to gross income, health insurance, daycare expenses, etc. If you used a lawyer to draft your separation agreement, then that lawyer should be able to run the Guidelines calculations for you to see whether you will pay more than what you are paying now. You can also come to another agreement by way of an amendment to your existing agreement, and avoid the cost of litigation and an adverse award. But you need to run the Guidelines to make an informed decision. ... Read More