The Cost of Civil Litigation in Maryland: What to Expect

When individuals or businesses are involved in legal disputes that do not involve criminal charges, civil litigation becomes the avenue to resolve the matter. In Maryland, as in many other states, the cost of pursuing civil litigation can be a significant concern for many. Whether you are dealing with a contract dispute, personal injury case, or business disagreement, understanding the potential costs associated with civil litigation is essential. This knowledge helps you make informed decisions before embarking on what can be a complex and lengthy process.

C. Edward Hartman III

Christian Hartman

Zachary Zepko

Civil litigation costs vary depending on the nature of the case, the complexity of the legal issues, and the parties involved. For individuals considering litigation in Maryland, understanding these costs and how they can impact the outcome of a case is crucial. The financial burden of civil litigation is often one of the determining factors in deciding whether to pursue legal action or seek an alternative method of resolution. By being aware of the potential costs, litigants can plan appropriately and prepare for the financial responsibilities involved.

Filing Fees and Initial Costs

The first cost individuals encounter in civil litigation is the filing fee. In Maryland, this fee depends on the type of case being filed and the court where the case is being heard. Civil litigation may be initiated in either District Court or Circuit Court, with Circuit Court being the appropriate venue for more complex cases or those with claims exceeding a certain monetary threshold. Filing fees in Maryland range from a few hundred dollars to several thousand dollars, depending on the case’s complexity and the amount of the claim. While these fees may seem minor in comparison to the overall cost of litigation, they represent the first financial hurdle litigants must overcome.

Beyond the initial filing fees, there are often other administrative costs associated with starting a case. These can include costs for serving legal documents to the opposing party, as Maryland law requires official notification of the lawsuit to all parties involved. Depending on how these documents are served—whether by a private process server, sheriff’s office, or other means—the costs can quickly add up. In some cases, individuals must also pay to obtain certified copies of legal documents or court orders.

Attorney Fees and Legal Representation

One of the largest and most significant costs associated with civil litigation is the expense of hiring an attorney. In Maryland, attorney fees vary depending on the complexity of the case and the attorney’s level of experience. While some individuals may attempt to represent themselves in legal proceedings, this is rarely advisable due to the complexities of Maryland’s legal system. Attorney fees can either be billed hourly or through a contingency fee arrangement, where the lawyer only gets paid if the case is won.

Hourly attorney fees can range from $200 to $500 or more, depending on the lawyer’s experience and the nature of the case. For long, complex cases, these fees can quickly accumulate, making civil litigation an expensive endeavor. On the other hand, contingency fee arrangements are typically used in personal injury and other cases where monetary compensation is sought. In these cases, the attorney’s fee is a percentage of the settlement or judgment, often ranging from 25% to 40%. While contingency fees can be beneficial for clients without the financial means to pay upfront, they also mean that a significant portion of any award will go to legal representation.

Discovery and Pre-Trial Costs

The discovery phase of civil litigation is often one of the most time-consuming and expensive stages of the process. Discovery involves both parties exchanging information, evidence, and documents related to the case. This process is designed to ensure that both sides have access to the information needed to present their case in court. However, the costs associated with discovery can be substantial.

In Maryland, discovery can include requests for documents, written questions (interrogatories), and depositions where witnesses or parties to the case are questioned under oath. Depositions, in particular, can be expensive due to the costs of hiring a court reporter and paying for the transcription of the deposition. Additionally, if witnesses are involved, their fees for depositions can add a significant amount to the overall litigation costs.

Document review and production also contribute to the cost of discovery. In many cases, thousands of pages of documents must be reviewed by attorneys, paralegals, and other legal staff. The time spent reviewing and organizing these documents adds to the billable hours in cases where attorneys are paid on an hourly basis. For complex cases involving significant amounts of evidence, the discovery process can be one of the most expensive aspects of litigation.

Trial Costs and Court Expenses

If the case proceeds to trial, additional costs are incurred. Trials in Maryland can last from a few days to several weeks or even months, depending on the complexity of the case and the number of witnesses involved. During this time, attorney fees continue to accumulate as the lawyer prepares for and represents the client in court.

Court costs can also increase as the trial progresses. These costs include fees for obtaining certified copies of court records, paying for court reporters to transcribe trial proceedings, and compensating witnesses who testify. Witness fees, in particular, can be a significant expense during the trial phase. Specialists in fields such as medicine, finance, or engineering are often called to testify, and their hourly rates can be extremely high.

Additionally, there may be costs associated with technology used in the courtroom. Many modern trials involve the use of visual aids, video presentations, and other technological tools to present evidence more effectively. The costs of preparing these materials and setting up the necessary equipment in the courtroom can further drive up the cost of litigation.

Post-Trial Expenses and Appeals

Even after a trial concludes, civil litigation costs do not necessarily end. In some cases, the losing party may appeal the court’s decision, which can lead to further expenses. The appeals process in Maryland is separate from the initial trial, and litigants must pay new filing fees to have their case heard by the Maryland Court of Special Appeals or the Maryland Court of Appeals, the state’s highest court.

Attorney fees for appeals are often higher than those for the initial trial, as appeals involve a more area of legal experience. Additionally, new costs arise for preparing and filing briefs, as well as for further document review and legal research. While not every case will go to appeal, it is important to be aware of this potential additional cost in the event that one side is not satisfied with the trial’s outcome.

Even without an appeal, there can be post-trial costs associated with collecting a judgment. In cases where monetary damages are awarded, the winning party may need to take further legal steps to enforce the judgment if the losing party refuses to pay. This can involve garnishing wages, placing liens on property, or taking other legal action, all of which come with additional costs.

Alternative Dispute Resolution: A Potential Cost-Saving Option

Given the high costs associated with civil litigation, many parties in Maryland choose to pursue alternative dispute resolution (ADR) methods, such as mediation or arbitration. These methods can often be more cost-effective than traditional litigation, as they are generally faster and less formal.

Mediation involves both parties working with a neutral third party to reach a mutually agreeable resolution. While there are costs associated with hiring a mediator, these costs are usually significantly lower than the expenses associated with a full trial. Similarly, arbitration allows a neutral arbitrator to decide the case after hearing both sides, offering a quicker and often less costly resolution.

While ADR can be an effective way to avoid the high costs of litigation, it is not suitable for every case. However, for those looking to minimize the financial burden of resolving a dispute, it is worth considering as an alternative to traditional court proceedings.

How to Manage the Costs of Civil Litigation

Understanding the costs of civil litigation in Maryland is just the first step in managing them effectively. Many individuals and businesses take proactive steps to control these expenses, such as setting clear budgets with their attorneys or seeking alternative methods of dispute resolution. Additionally, some law firms offer payment plans or other options to make legal representation more affordable.

For those concerned about the costs of civil litigation, it is important to discuss these issues with your attorney early in the process. By being open about your financial situation and your expectations, you can work with your lawyer to develop a strategy that keeps costs under control while still pursuing a favorable outcome.

Civil litigation in Maryland can be a costly and time-consuming process, but understanding the various expenses involved allows you to make informed decisions about your case. From initial filing fees to attorney costs, discovery, and trial expenses, the financial burden of litigation can add up quickly. However, with careful planning and the right legal representation, you can navigate the complexities of civil litigation while managing its costs.

If you are considering pursuing a civil case in Maryland and are concerned about the expenses involved, it is crucial to consult with experienced legal counsel. At Hartman, Attorneys At Law, we are committed to helping clients understand the potential costs and develop a strategy tailored to their needs. Contact our firm today to discuss your case and explore your options for moving forward. We are here to support you throughout the legal process and work towards a resolution that best serves your interests.