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.

• 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.

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. What can I do if I was falsely claimed deceased in my mother's will?

April 11, 2025

A: When was the estate opened? When did you become aware there was an estate opened? When was the estate closed? 2018 is 7 years ago. If the estate is now closed for several years, and if you knew that your mother had passed away and that an estate was opened before the estate closed, then you have waited too long to be able to reopen the estate to challenge the will. If you only recently discovered your mother has passed, and that an estate was opened, then the question of fraud arises if you canprove that the granddaughter knew you were alive, or if she did not now whether you were alive or not, had no evidence that you had died and lied about that fact to avoid having to notify you of the estate being opened. However, even if you can establish fraud on the part of the granddaughter regarding her misrepresentation to the probate court that you were deceased, and even if the estate were to be reopened in order to grant you the right to challenge the will, you would still have to prove that your mother's will is invalid on account that she either lacked testamentary capacity to make the will, or was under undue influence of someone when the will was made, or that the will is a forgery. It is one thing to allege such a thing; quite another to actually prove it, especially after so much time has passed. ... Read More

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.