Areas of Practice
Delaware's Court of Chancery is Delaware's primary business court. It also has jursidiction over Wills, powers-of-attorney, guardianships, etc. The Court of Chancery's jurisdiction, or its equitable jurisdiction, is very unique and non-lawyers can often get confused over issues of equitable jurisdiction and legal jurisdiction. A large part of Mr. Campbell's litigation practice has been in the Court of Chancery. Several years ago, Mr. Campbell represented two (2) homeowners against their mortgage broker who had acquired an interest in the homeowners beach home. As a result of Mr. Campbell's argument, it was the first time a Court in Delaware recognized a mortgage broker as a fiduciary. Mr. Campbell has also litigated many cases involving Wills and Estates and the abuses by executors, trustees, and powers-of-attorneys.
Also referred to as "Closing", Real Estate settlement is the final step in completing a real estate transaction. This step usually occurs during the final weeks after an offer is accepted, before the closing date. This is a complicated process that often involves many legal documents and requirements of filing paperwork with the state and government. We have the resources and knowledge to answer the complicated questions regarding mortgage documents, title problems, and many other issues including last minute changes to agreements that occur so often near the closing date. We are also familiar with local laws related to building codes and expansions of property to help you prepare for the future with your new home or business. Once the transacation is complete we also assist with registering the deed with your county's Recorder of Deeds to finalize the transition of ownership.
Commercial litigation comes in all sizes and forms. It can involve disputes between competing companies or between business partners. The disputes can be based on contract, landlord-tenant relationships, or quasi-contracts.
This area of practice includes both residential and commercial construction. Mr. Campbell represents both property owners and contractors in Court. A practice in construction litigation would not be successful without familiarity with the statutory mechanics lien. A mechanics lien is a statute imposed lien on real property that is imposed by simply filing the complaint. It can single-handedly stop a real estate settlement or refinancing. Many attorneys fear mechanics liens because of their requirement that the lien strictly adhere to the statutory requirements. Conversely, over the years Mr. Campbell has handled several cases which have created law in Delaware and been reported in the various court reporters.
Contracts come in many forms – from well written multipage contracts to verbal contracts. (Yes, there are such things as “verbal contracts” and they can be enforced under certain circumstances) . Many written contracts are incomplete or ambiguous. Contract litigation often involves contract interpretation or contract enforcement, or both. One thing that makes contract litigation in Delaware unique is the separation of Courts of Law and the Court of Equity. The very first determination to be made in contract litigation analysis is: what result is being sought? This single determination, at the beginning of the case, makes a world of difference in the outcome.
If you've been arrested for DUI, don't be stupid and handle it without an attorney. There's a lot of truth to the statement that a person who represents himself has a fool for a client. A DUI conviction can have long lasting ramifications. You need an attorney.
Federal and state laws protect employees from discrimination based on such classifications as race, age, sex, family status, etc. Unfortunately discrimination still occurs in the work place. Sometimes it occurs because the employer, or manager, is simply prejudice. More often, however, it occurs because employers are ignorant of the law.
Disputes involving estates and estate distribution is as common as death itself. The decedent may or may not have died with a Will and the handling of the estate depends heavily on that single determination. Estate litigation includes such practices as contesting a will; determining rights under a Will or intestate law; objecting to an estate’s inventory or accounting; or, forcing an executor to administer the estate correctly.
Mr. Campbell handles foreclosures for both the creditor and debtor. If you're the debtor you may think there's no help to a foreclosure action against you. That's simply not true. If you are served with a foreclosure complaint, you need to at least have an attorney look at it. Banks do make mistakes.
The past twenty (20) years have brought about a lot of changes in the area of homeowner association disputes. In 2009, the Delaware Legislature passed the Delaware Uniform Common Interest Ownership Act" or "DUCIOA". It's mandate applies, in some degree, to pre-existing subdivisions and condominiums. Additionally, disputes between homeowners and homeowner associations have long been a hotbed of litigation in the Court of Chancery.