Maryland Civil Litigation Issues

A variety of issues could arise before or during litigation. The individual must be fully prepared to go ahead with litigation so they have reasonable expectations of what the outcome could be and how the attorney might achieve their goals. Litigation is expensive which could create a problem for the claimant if they cannot afford the cost of hiring an expert witness. There might be several witnesses to interview which could drive up the costs. There could be issues when the other side raises something at the last second or prior to litigation that requires the attorney to rethink their strategy. There may be concerns with other areas of the law or the law might change and cause the attorney to their plan to present the case.

Read below to learn more about Maryland civil litigation issues. And for help with your case, call an experienced civil litigation lawyer.

Clarity of Written Agreements

In contract disputes, the clarity of the agreement is always at issue. One party believes the contract says one thing and the other party believes the contract means something different. It is usually up to the court to decide what the contract means. An agreement should be as clear as possible, but it is not always easy to achieve that. Even the best contracts have room for interpretation by a clever attorney. It is important that the terms of the contract are clear and will withstand scrutiny if it comes to that.

Torts and Contract Issues

Contract claims must be based on a contract and breaches of contractual duties. Tort claims must be based on non-contract or tort duties. They are different standards, so the attorney needs to examine the facts and determine whether there are duties arising in both contracts or torts, or just one before filing a claim. The courts are strict about whether business disputes are contractual or tort in nature. In this Maryland civil litigation case, the issues deal with the burdens of proof and what must be shown to substantiate a claim. It also primarily deals with the damages a person may recover. The contract damages are usually confined to what the contract says, whereas, tort damages are open-ended and other calculations are used for proving damages, so they might be much higher, such as economic, non-economic losses, and punitive damages. The plaintiff’s attorneys like to use torts instead of contracts, but sometimes they must follow the agreement the parties wrote or are following.

Conflicts Between Individuals and Corporate Liabilities

Conflicts between an individual versus corporate liabilities become an issue when the corporation is unable to satisfy the debt regardless of whether the claim is a tort or a contract. The attorney for a plaintiff may try to “pierce the veil” to get through the contract to the individual owners of the corporation to hold them responsible for the debt of the corporation. It becomes an issue when the corporation lacks the ability to pay a debt or if someone believes a corporation is being used to commit fraud or other bad acts to the community.

What are the Fiduciary Duties?

A fiduciary duty is an obligation that one has to another person to act on their behalf and in their best interest. Fiduciary duties are heightened duties that the law imposes on people or entities who have positions where they care for the property or for other people. The most common scenario is the situation with a trust where the trustee/fiduciary owes duties to the beneficiaries of the trust and the trust itself to manage the trust property to the best of their ability. They have heightened duties by law to take extra care to make sure that everyone is aware of important facts and decisions. It is the fiduciary’s responsibility to be loyal and act in good faith to provide prudent care to the assets under their control. Any action taken with the beneficiary’s assets must be done entirely for the beneficiary’s advantage.

Call a Maryland Attorney About Civil Litigation Issues

Experienced civil litigators use their knowledge to know what is acceptable and what is not, and they will draw on their experience to anticipate issues that may arise down the line. Their experience gives them insight into understanding what arguments and positions courts are likely to accept as reasonable. When an attorney is more extreme in what they are filing or in the positions they are taking, they must work harder to justify their position as it is often harder to convince a judge to assume novel positions in the law or positions that may seem unfair to the naked eye.

Call an accomplished lawyer who is experienced in solving Maryland civil litigation issues.