September 2025

by David Hisle

Mistakes People Make in Civil Lawsuits and How to Avoid Them

Civil lawsuits in Maryland can be complicated and challenging. While every case is unique, many parties in litigation fall into traps that end up costing them more money or weakening their position in court. Avoiding these common mistakes can make a difference in how smoothly your case proceeds—and perhaps whether you win or lose.

1. Waiting Too Long to Take Action

Civil lawsuits in Maryland are governed by statutes of limitation, which place firm timeline restrictions on bringing a lawsuit. If you wait too long to file, you may permanently lose your right to sue—even if your case is otherwise strong.

How to Avoid It:

• Speak with an attorney as soon as a dispute arises, or when you first discover the problem.
• Don’t assume the other side will “work it out” or that delays in filing suit won’t matter.

2. Trying to Handle It Without a Lawyer

Many people believe they can save money by representing themselves. While you can file a lawsuit on your own, civil lawsuits can be surprisingly complex. Mistakes in pleadings, missed deadlines, or incorrect procedures can harm or sink your case.

How to Avoid It:

• Consult with an experienced Maryland civil litigation attorney before you decide to proceed on your own.
• Even if you are thinking of representing yourself, at least consider consulting with a lawyer before making this decision.

3. Ignoring Court Deadlines and Procedures

Maryland courts enforce strict rules about when pleadings and documents must be filed and how they must be served. Missing a deadline or filing paperwork incorrectly can result in your case being dismissed—or judgment being entered against you.

How to Avoid It:

• Keep a detailed calendar of all deadlines.
• Consult with a lawyer who understands legal procedures and deadlines.

4. Not Preserving Evidence

Emails, texts, contracts, receipts, videos, and photographs can all be critical to your case. Too often, people delete or lose key evidence—or fail to gather it until it’s too late.

How to Avoid It:

• Save all communications and documents related to the dispute.
• Keep digital backups in case devices are lost or damaged.
• Share evidence with your attorney early.

5. Letting Emotions Take Over

Civil cases can get personal. But angry emails, threats, or outbursts only weaken your credibility and may even hurt your case.

How to Avoid It:

• Stay professional in all communications.
• Let your lawyer handle direct contact with the other side whenever possible.
• Focus on facts and legal strategy, not emotions.

6. Failing to Consider Settlement

Some clients insist on “having their day in court,” even when a settlement could resolve the case faster and with less expense. Litigation is costly, stressful, and time-consuming.

How to Avoid It:

• Keep an open mind about mediation or settlement negotiations.
• Remember that a fair settlement can often save you money and achieve your goals without the uncertainty of a trial.

Civil lawsuits in Maryland can be intimidating, but avoiding these common mistakes will give you a stronger chance of success. The best step you can take is to work with a knowledgeable attorney who can help you navigate Maryland’s civil court system and can guide you through the process. Contact the firm of Lewicky, O’Connor, Hunt, & Meiser today for legal guidance.

by Elizabeth Bowery

Beware of Business Opportunity Schemes: What Maryland Business Owners Need to Know

When setting out on a business venture, new business owners can be vulnerable to fraudulent schemes. One prevalent scheme involves the sale of a “business opportunity.” Scammers employ deceptive advertising and high-pressure sales tactics to peddle ostensibly low-risk, lucrative business opportunities and swindle their victims.

Under Maryland law, a “business opportunity” is defined as an arrangement between a seller and a buyer. In this arrangement, the seller solicits a prospective buyer to purchase products, equipment, supplies, or services to enable the prospective buyer to start a business. The prospective buyer is required to make a payment, and the seller represents, directly or indirectly, that it will help the prospective buyer make the business successful. For example, the seller may claim it will help the prospective buyer secure accounts or a prime location. Unfortunately, some of these offerings are fraudulent.

How the State of Maryland Has Taken Action

To combat this, the State of Maryland enacted a law to regulate the sale of business opportunities and fight against these deceptive practices. The Maryland Business Opportunity Sales Act sets forth several requirements for the seller of a business opportunity, including:

• registering the business opportunity with the state,
• providing the prospective buyer with a written disclosure statement at least ten business days before the prospective buyer executes a contract, and
• in some cases, such as when income is guaranteed, posting a surety bond with the state.

The Federal Trade Commission, the federal consumer protection agency, also addresses this issue with its Business Opportunity Rule. As a result, sellers of business opportunities operating in Maryland must comply with both state and federal requirements.

Protect Yourself From Fraudulent Business Opportunities

Despite these measures, sellers of fraudulent business opportunities continue to target unsuspecting, first-time business owners. Before committing to a business opportunity, consider consulting with a business attorney to review the disclosure statement and the sales contract to ensure compliance with state and federal standards. As business attorneys, we assist business owners at every stage of ownership, offering guidance in selecting the best entity, drafting customized governing documents, and providing ongoing business counsel.

by Kelley Singer

Can a parent voluntarily waive receiving child support in Maryland?

The short answer is “no,” under current Maryland court precedent.  In the recent case of Houser v. Houser, two parents who had one child born in 2018, formed an agreement under which:

• The mother waived her right to be paid child support from the father, including $40,000 in arrears
• The parents agreed that child support could not be modified for at least 24 months
• The father agreed to pay for the child’s health insurance
• The mother agreed to pay the first $6,000 in extraordinary medical expenses, with expenses over $6,000 being equally split between the parents
• The mother agreed to pay for the child’s extracurricular activities, and
• The mother agreed to pay for all work-related childcare expenses

The court rejected this agreement, finding that it was not in the child’s best interest. The decision was based on the fact that the father earned double the income of the mother. Therefore, the mother would be entitled to child support of $2,105/month under the Maryland Child Support Guidelines.

The parties appealed the judge’s refusal, but in June of 2025, the Supreme Court of Maryland affirmed the decision of the trial court. It was held that a parent’s fundamental right to dictate the care, custody, and management of a minor child does not supersede the child’s right to be supported financially after a divorce and custody case has been initiated.

In Maryland, when the issue of custody of a minor child is brought before the court, child support is also considered, whether either of the parents raised it or not. A Maryland court has an obligation to determine the amount of child support that is in the best interest of the child, not the parents.

If you have questions about child support, the attorneys at Lewicky, O’Connor, Hunt & Meiser LLC can help. Schedule a consultation today.

by Anthony Kratz

Changes to the Federal Estate Tax Under the “One Big Beautiful Bill Act”

After years of uncertainty in the estate planning world, the recently passed One Big Beautiful Bill Act (OBBBA) brings notable changes to federal estate, gift, and generation-skipping transfer (GST) tax laws. The most significant of these is a permanent doubling of the estate tax exemption. This change could reshape planning strategies for high-net-worth individuals and families. Here’s what you need to know:

1. The Doubled Exemption is Now Permanent

The estate and gift tax exemptions were temporarily doubled under the Tax Cuts and Jobs Act (TCJA) of 2017, with the expectation that they would “sunset” at the end of 2025. This uncertainty created a ticking clock for many families and estate planners. With the passage of the OBBBA, the doubled exemption is now permanent. This means that individuals and families can continue to plan with greater confidence, knowing that the elevated thresholds will not disappear after 2025.

2. Estate Tax Exemption Will Rise to $15 Million Per Person in 2026

Effective January 1, 2026, the federal estate, gift, and GST tax exemptions will increase to $15 million per individual—up from $13.61 million in 2025. For affluent families, this adjustment extends the planning window for transferring wealth without triggering estate taxes. Remember, the estate tax is a “transfer tax,” and transfer taxes apply to gifts made during an individual’s lifetime as well as transfers by their estate after death. The estate and gift tax exemptions are unified, so any gift tax exemption used during an individual’s life will reduce the exemption available for their estate.

3. Inflation Indexing Will Continue

The new exemption amount will be indexed for inflation, ensuring it keeps pace with economic changes. This was already a feature of the estate tax code, but the OBBBA confirms that the increased exemption will continue to have annual adjustments. This inflation indexing provides a more predictable framework for long-term planning—helping individuals and estate planners better forecast how much wealth can be transferred tax-free in future years. This is especially important for complex trust structures, gifting strategies, and family business succession plans.

4. Higher Threshold for Estate Tax Liability

Under the OBBBA, individuals with estates valued below $15 million will owe no federal estate tax. For married couples who employ proper estate planning strategies, this threshold doubles to $30 million. This significantly reduces the number of estates subject to federal estate tax liability, leaving only a small fraction of U.S. estates taxable at the federal level. However, state-level estate taxes may still apply. For instance, Maryland’s estate tax exemption is currently $5 million, which could result in state-level taxation despite the increased federal exemption.

5. The Estate Tax Rate Remains at 40%

While the exemption amount has increased, the top federal estate tax rate remains unchanged at 40%. This means that estates exceeding the $15 million (or $30 million) exemption will still be subject to the 40% tax rate on the amount that exceeds the exemption. While large estates may face substantial tax liabilities, the higher exemption allows more wealth to pass tax-free before the tax rate applies.

What Should You Do Now?

The changes in the One Big Beautiful Bill Act present an opportunity for families to revisit and refine their long-term estate planning strategies. This is a great time to review existing estate plans to ensure they fully leverage the new exemption levels. High-net-worth families may also want to consider gifting strategies or revisit their trust structures—such as dynasty trusts or spousal lifetime access trusts (SLATs)—to lock in long-term tax benefits. Remember, state estate tax laws vary, and some states may not align with federal changes, so be sure to consider local laws when planning.