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.

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• 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. Do I need worker's comp for solo remote practice in Maryland?

August 10, 2025

A: Self-employed, independent contractors, sole proprietors, owners of limited liability companies, etc., are not legally required to purchase workers compensation insurance for themselves. They are only required to purchase such coverage for their employees. However, you have the option to purchase workers compensation coverage for yourself, because your private health insurance policy may not cover work-related injuries (many do not). In addition, some government agencies or private companies who hire you as a private contractor may require it as part of your contract. However, most self-employed people do not buy WC insurance on themselves.

Q. Impact of mental capacity on contract legality for ownership transfer

August 7, 2025

A: Transfer of ownership in what, exactly? Who is (or may be) raising the mental capacity concerns any why? Are you paying fair market value and can you support that value with evidence?

Someone who lacks mental capacity cannot make a binding agreement, but just because the person may have dementia doesn’t mean they lack mental capacity under the law, as many people with dementia are competent most of the time and only episodically are incompetent. Their mental acuity can vary hourly or daily. What matters is at the time of execution of the agreement or transfer. However, if they are not competent more of the time than they are competent, you are going to have potential problems.

A transfer of real property is the most fraught transaction from the perspective of the seller’s mental capacity. If there is some well known or documented history or evidence of lack of capacity near in time to the transaction in question, then the greater the need for solid evidence of capacity at the time of the transaction itself. Disinterested witnesses who can interact with and attest to the person’s mental acuity at the time of signing, a recent medical evaluation of capacity by the person’s physician, etc., may all be important evidence if the transfer is later challenged. Whether the person’s mental decline is so obvious that you need such evidence is not something anyone on this forum can guess.

If you are acquiring something of value for less than fair market price, then your relationship to the person matters, as well as the potential need to get the approval for the transaction of those closest to the person who have that person’s best interests at heart. ... Read More

Q. Maryland loan contract review for compliance

August 7, 2025

A: It should ordinarily be in the form of a promissory note, not a contractual agreement, but I suppose either can be used. You do not state whether the loan agreement will be secured by a lien against the property, which would require a deed of trust, and will cost in recording fees. The lawyer cannot represent both you and your mother, because various potential terms will pose different risks to each side, so there is a conflict of interest. Accordingly, if you pay a lawyer to review the loan terms, the lawyer will be advising you only and drafting the instrument in accordance with what you want included.

Other terms to address are: frequency of payments, or no payments until the 3 year balloon payment, or interim interest payments of interest with just the principal pay off in 3 years; acceleration clause in the event of a breach in payment of any interim payments due, or on account of you or your spouse’s bankruptcy, or the sale or encumbrance by new debt of the house; any grace period in payment beyond the due date; requirement of a written demand or notice before suit for collection; whether to include a confessed judgment clause upon nonpayment; interest and attorney fees for collection after a breach in payment; the right to prepay the principal balance in whole or in part in advance of the due date without penalty or fees; and other clauses you may not have heard of or considered. The promissory note should be notarized and specify the form and method of payment (bank cashier’s check, bank wire or other cash equivalent funds), including the exact name and address where payment is to be made.

Most lawyers can draft a promissory note with the appropriate terms. I suggest you have a consultation and become educated on the various provisions commonly included and their meaning, implication and purpose, and why you may or may not want them included from your perspective vs. your mother’s. ... Read More