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Deportation Defense After Administrative Errors: The Abrego García Case in Maryland

Every immigration lawyer dreads the nightmare scenario: a client wrongly deported due to a paperwork mix-up or missed hearing. In 2024, that nightmare became a national headline when José Abrego García was deported from Maryland—despite having an active case and legal avenues to stay in the U.S. 

The story stunned immigrant communities and legal advocates. For attorneys in Maryland, it underscored a sobering reality: administrative errors can cost lives, families, and futures. 

 

What Happened in the Abrego García Case?

Abrego García, a father of three and long-time Maryland resident, was detained by ICE after missing an immigration hearing. But according to The Washington Post, his notice to appear had been sent to an old address. By the time his attorney learned of the hearing, a removal order had already been issued. 

Despite efforts to reopen the case—including evidence of the notification error—ICE proceeded with deportation. García was placed on a flight to El Salvador just days after a Maryland judge recommended halting removal. 

The fallout was swift. National media, including People, picked up the story. Advocacy groups rallied behind his family. And immigration attorneys across Maryland started asking uncomfortable questions about due process—and what happens when the system doesn’t follow its own rules. 

 

Why This Case Matters for Defense Attorneys

At The Lincoln Law Firm, we’ve handled complex removal cases. But Abrego García’s situation added a new layer of urgency. It showed that even clients with legal representation and ongoing proceedings are at risk when agencies move too fast—or ignore judicial guidance. 

This case reminded us that: 

  • Clerical errors can trigger irreversible outcomes. 
  • Notices sent to incorrect addresses are still treated as “served.” 
  • ICE may act even when courts advise against removal. 

For defense attorneys, this means triple-checking client contact info, filing address updates with aggressive frequency, and building fallback arguments into every filing. 

 

Systemic Flaws and the Need for Reform

The Abrego García case also exposed a deeper issue: the fragility of the Notice to Appear (NTA) system. It’s easy to miss a hearing when: 

  • The NTA is mailed without confirmation of receipt. 
  • The date or location changes without adequate notice. 
  • Language barriers or postal delays interfere with communication. 

The immigration courts are overwhelmed. Mistakes are inevitable. But as this case shows, the consequences aren’t just bureaucratic—they’re life-changing. 

Immigration advocates are now calling for reforms, including: 

  • Certified delivery of court notices 
  • Mandatory hearings before executing deportation orders issued in absentia 
  • Stronger judicial oversight of ICE actions 

 

What Attorneys Can Do Now

For attorneys practicing in Maryland, the lessons are immediate: 

  • File motions to reopen swiftly if clients miss a hearing due to notice issues. 
  • Document every address update with both the court and ICE. 
  • Preemptively request stays of removal when errors are suspected. 
  • Keep clients informed about how quickly things can move—and what to do if they’re detained unexpectedly. 

García’s legal team continues to fight for his return. And while his case is ongoing, it’s already changed how many of us handle administrative procedures. It’s not paranoia—it’s preparation. 

Mistakes shouldn’t define someone’s future. At The Lincoln Law Firm, we’re doubling down on the details—because the system won’t do it for us. Whether you’re facing a hearing, detention, or just trying to keep your file current, don’t leave anything to chance. Your defense starts with being seen—and being heard. 

a man interviewed by a woman

Peace Order Updates in Maryland: Trends Attorneys Should Monitor in 2025

If 2024 set the stage for family law reform in Maryland, 2025 is already building momentum. Among the quieter yet deeply impactful developments: changes to Maryland’s peace order process. 

For attorneys handling domestic matters—especially cases that fall just outside the scope of protective orders—these updates demand close attention. They don’t just shift policy. They change how we assess risk, build cases, and support clients in high-stress situations. 

 

What Are Peace Orders, Again?

Peace orders are Maryland’s answer to civil protection in non-domestic relationships. They’re used when the involved parties aren’t married, related, or cohabiting—think roommates, neighbors, coworkers, or ex-partners without a shared residence. They’ve always existed in a parallel lane to protective orders, but with more limited scope. 

Historically, the line between needing a peace order vs. a protective order was blurry. Many clients didn’t even know the distinction existed—until their case was thrown out. 

 

What’s New in 2025?

The Maryland General Assembly took up several peace order reforms during its 2025 session, building on the wave of modernization we saw with HB 1191 and HB929/SB721. Here are some of the key updates: 

  • Broader eligibility: Courts now have more flexibility to grant peace orders based on repeated emotional harm or digital harassment, reflecting how abuse has evolved in the online era. 
  • Longer duration options: Previously capped at six months (with rare extensions), some peace orders can now last up to a year with judicial review. 
  • Faster access to interim relief: Revisions streamline how commissioners handle after-hours petitions—critical for those seeking help outside court hours. 

According to MVLS, these changes aim to make peace orders more usable and better aligned with modern realities of harassment and stalking. It’s also part of a broader trend to treat emotional and psychological harm with the same seriousness as physical threats. 

 

Why This Matters for Attorneys

At The Lincoln Law Firm, we’re seeing more cases that land in gray areas—where the abuse is real, but doesn’t meet the narrow definitions used in the past. These updates give us more leverage to advocate for clients facing threats that aren’t overtly violent but are still deeply harmful. 

We’re also adjusting how we screen clients. For example: 

  • Social media abuse, once hard to argue under older standards, is now more clearly covered. 
  • Former dating partners—especially in short or digitally-focused relationships—may now be eligible for orders that previously would have been dismissed. 

The updates also push us to consider whether peace orders might become a first line of protection rather than a last resort when protective orders aren’t available. 

 

Challenges to Watch

Of course, expanded eligibility means increased scrutiny. Judges will likely push back against vague or unsupported claims. Attorneys should be prepared to: 

  • Present clear digital evidence (texts, screenshots, call logs) 
  • Help clients articulate how repeated, non-physical actions amount to legitimate harm 
  • Navigate situations where the respondent argues free speech or mutual conflict 

And while the laws have broadened, the burden of proof hasn’t changed: “clear and convincing evidence” is still the standard. 

As Brandon Bernstein Law noted in a recent post, practitioners should “expect the unexpected” in how judges interpret these new criteria. One county’s approach may differ widely from another’s—at least until the appellate courts weigh in. 

Maryland’s peace order reforms may not grab as many headlines as the state’s custody or protective order updates, but they’re no less critical. They reflect a growing awareness of how harm manifests in real life—not just in bruises, but in patterns of intimidation, surveillance, and unwanted contact. 

At The Lincoln Law Firm, we’re watching these trends closely—and adjusting our strategies accordingly. Because when the law expands to recognize more of our clients’ lived realities, it’s our job to meet that moment with clarity, care, and smart advocacy. 

Divorce,Concept,With,Gavel,And,Wedding,Rings

Permanent Protective Orders: Maryland Lawmakers Expand Consent-Based Remedies

Maryland just made a significant change to how survivors of abuse can secure long-term protection—and it’s about time. With the passage of HB929/SB721 in 2024, individuals can now obtain a permanent protective order by consent, not just after a contested trial or criminal conviction. 

This might sound like a small tweak, but it’s a meaningful one. For many survivors, it means a safer, more straightforward path to long-term peace of mind. 

 

What Changed?

Before this new law, Maryland’s permanent protective orders were mainly reserved for cases where the abuser was found guilty of specific crimes or where repeat orders were necessary. That meant survivors often had to endure lengthy court battles or wait until a criminal case wrapped up—often a slow and retraumatizing process. 

Under HB929/SB721: 

  • A respondent can now consent to a permanent protective order without admitting fault. 
  • Judges can issue these orders without a full trial. 
  • The protection can be as durable as any court-ordered remedy stemming from a conviction. 

This reform reflects a growing awareness that survivors shouldn’t be forced into confrontational, high-stakes hearings just to get long-term safety. 

 

Why This Matters

At The Lincoln Law Firm, we’ve seen firsthand how retraumatizing it can be for survivors to face their abuser in court. Many clients just want it to be over—they want protection, not confrontation. 

Now, if both parties agree, they can sidestep trial entirely and still secure a permanent order. No cross-examinations. No drawn-out court appearances. No waiting on criminal proceedings. 

This option won’t be right for every case, but for many survivors, it means fewer hoops to jump through and less emotional exposure. 

 

What It Means for Attorneys

For family and domestic violence lawyers, this opens a new negotiation lane. It creates an incentive for abusers to settle—especially if they want to avoid the consequences of a criminal finding. It also allows attorneys to: 

  • Push for permanent protection early in the case. 
  • Negotiate consent-based resolutions during mediation. 
  • Avoid high-conflict hearings that risk harming children or retraumatizing survivors. 

But it also raises ethical questions. Consent must be informed, voluntary, and not coerced. Judges are expected to evaluate this before issuing the order, but attorneys on both sides should be vigilant. 

 

Broader Impact on Survivors

According to MVLS, one of Maryland’s leading legal service providers, survivors often abandon protective order cases when they realize they must testify in open court. Consent-based permanency changes that. 

“The ability to consent to a permanent protective order creates a pathway to safety for those who don’t feel safe testifying,” said one MVLS advocate. The Daily Record reported similar praise from domestic violence coalitions across the state. 

And it’s not just symbolic. These orders can include provisions for no contact, stay-away zones, custody, and even firearm restrictions—just like trial-based orders. 

 

What’s Next?

The law is now in effect, and we’re already seeing an uptick in attorneys negotiating for consent-based resolutions. Judges are adapting, too—asking better questions to ensure consent is real, not coerced. 

Still, like any new tool, it’ll take time to see how courts apply it in practice. Some judges may be cautious, others more open. But the law is clear: if both sides agree and the survivor wants it, a permanent protective order can be granted without the trauma of trial. 

At The Lincoln Law Firm, we see this as a long-overdue shift—one that puts the survivor’s needs first. If you or someone you know is considering a protective order, know that the legal landscape in Maryland has changed. And sometimes, change means finally being heard without having to shout. 

A mom sitting with her two children on a bench sole custody

Capitalizing on HB 1191: Child Custody Lawyers and Maryland’s Newly Codified Factors

Maryland just gave family law attorneys a clearer roadmap for arguing child custody cases—and we’re here for it. 

As of October 1, 2023, House Bill 1191 officially codifies the factors Maryland courts must consider in custody decisions. Before this, we worked off case law and scattered precedent. Now, it’s all in black and white. For child custody lawyers—and the families we serve—it’s a win for clarity, strategy, and fairer outcomes. 

 

What HB 1191 Actually Does

HB 1191 isn’t creating new law out of thin air. It’s organizing existing legal standards into a single, clear statute. Think of it as a cheat sheet—but with the weight of law behind it. 

The statute includes a list of 18 specific factors judges must consider when deciding legal and physical custody. These include: 

  • Each parent’s relationship with the child 
  • The child’s preferences (depending on age/maturity) 
  • Ability to communicate and co-parent 
  • History of abuse or neglect 
  • Proximity of parents’ homes 

And that’s just the beginning. You can read the full list on dcmdlaw.com or Bowers Law MD, both of which offer accessible breakdowns. 

 

Strategic Shifts for Custody Attorneys

At The Lincoln Law Firm, we’re not just reading HB 1191—we’re baking it into every part of our custody strategy. 

Why? Because for the first time, we can point to a consistent, codified standard. That helps us: 

  • Structure arguments more clearly: Each factor is now a section in our trial prep. 
  • Prep clients with specific goals: No more vague “best interests” chatter—we explain exactly what a judge will look for. 
  • Anticipate opposing arguments: The same roadmap we use is available to the other side, which makes us sharper and more thorough. 

Before HB 1191, custody cases often felt like jazz—interpretive, nuanced, and a bit unpredictable. Now, they’re more like chess. You still need creativity and instinct, but the rules are clearer. 

 

What This Means for Families

This codification doesn’t mean custody battles are easy now. But it does mean they’re more transparent. If you’re a parent walking into a courtroom, you deserve to know what will shape the outcome. HB 1191 gives you that visibility. 

It also gives judges a checklist—making decisions more consistent across counties. That matters in Maryland, where court culture can shift dramatically depending on where you file. 

As The Daily Record pointed out, many attorneys see this as a long-overdue change. One family lawyer called it “a blueprint we’ve been using unofficially for years—finally written down.” 

 

Practical Advice for Navigating the New Law

If you’re representing or co-parenting with someone who’s already prepping under the new rules, don’t wait. Get up to speed fast. Here’s what we’re telling our clients: 

  • Document co-parenting efforts, from texts to shared calendars. 
  • Talk with your kids, but don’t coach them. Judges value authenticity. 
  • Be consistent with routines, schooling, and drop-offs—stability matters more than ever. 

And perhaps most importantly: don’t assume the old way still applies. HB 1191 is already shaping how evidence is presented, what judges ask, and how mediations unfold. 

Maryland has given us a clear framework—and we intend to use it. At The Lincoln Law Firm, we’re already adapting our custody consultations, filings, and trial prep to reflect HB 1191’s codified factors. 

If you’re heading into a custody dispute or just need to know where you stand, now’s the time to act. Because knowing the law isn’t enough—leveraging it strategically is what makes the difference. 

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How Maryland’s New Values Act Is Shaping Immigration Defense Strategies

If you work with immigrant clients—or are one yourself—you’ve probably heard about Maryland’s Values Act by now. It’s not just another bill with a feel-good name. It’s a law that actually changes how local law enforcement interacts with ICE, and it’s already shifting how immigration defense attorneys build their cases. 

For firms like ours at The Lincoln Law Firm, this law opens up new avenues to protect clients from unjust detainers and surprise transfers. It’s also a reminder of how fast the landscape is changing—and why it’s critical to stay plugged in. 

 

What the Values Act Actually Does

Passed in 2023, Maryland’s Values Act (HB 16) limits how much state and local law enforcement can collaborate with federal immigration enforcement. In particular, it targets 287(g) agreements—partnerships that deputize local police to act like immigration agents. 

Under the Act: 

  • Law enforcement can’t detain individuals solely for immigration purposes. 
  • Police can’t notify ICE about release dates unless there’s a judicial warrant. 
  • Agencies must stop honoring ICE detainers unless there’s a clear legal requirement. 

The law is clear: local cops aren’t federal agents. That distinction matters more than ever. 

 

What It Means for Immigration Defense

If you’ve ever tried to defend a client who got pulled over for a busted tail light and then landed in ICE custody days later, you understand the stakes. Under 287(g), that kind of story wasn’t rare—it was routine. 

Now, attorneys can build a stronger defense knowing: 

  • Clients have a better shot at avoiding unnecessary ICE contact after local arrests. 
  • There’s legal ground to challenge improper detainers and transfers. 
  • Local jails face legal limits on how they handle ICE requests. 

This isn’t just procedural—it’s strategic. Knowing the law gives us more ways to keep clients in their communities and out of detention. 

 

Shifting the Tone in Court

Before the Values Act, some judges and prosecutors assumed that anyone flagged by ICE must be dangerous or untrustworthy. Now, we can push back with more than just rhetoric. The law itself supports the argument that immigration status alone shouldn’t influence bail, sentencing, or probation outcomes. 

This shift also means that motions to suppress evidence obtained through ICE coordination might hold more weight. It’s early days, but we’re already seeing glimpses of this in county courts across Maryland. 

 

A Changing Landscape

Let’s not sugarcoat it—ICE still operates in Maryland. But this law creates a buffer. According to The Washington Post, jurisdictions with active 287(g) programs saw higher deportation rates for minor offenses like traffic violations. The Values Act disrupts that pipeline, giving families a bit more breathing room. 

We’ve already worked with clients who, under the old rules, would’ve faced near-immediate ICE detention after a local arrest. Thanks to this new legislation, we’ve had more time to post bail, file motions, and actually mount a defense. 

 

The Lincoln Law Firm’s Approach

At The Lincoln Law Firm, we’re not just watching from the sidelines. We’re adjusting how we prep clients for potential law enforcement encounters, how we negotiate with prosecutors, and how we challenge unlawful holds. 

We’re also educating clients about their rights under this law. Many still think a traffic stop means automatic deportation. It doesn’t—not anymore. 

If you’re worried about how this impacts you or your family, or if you’ve been picked up by police and fear ICE is involved, reach out. Knowing your rights isn’t enough—you need someone who can defend them. 

joint custody vs shared custody; a father with his son

Maryland Adopts 6Month NoFault Divorce: What Every Divorce Attorney Should Know

For years, Maryland couples navigating divorce had to jump through a series of hoops—separation timelines, proving fault, or enduring the emotionally draining “mutual consent” clause. But as of October 1, 2023, Maryland law changed. And honestly? It’s about time. 

This update scraps fault-based divorce altogether and shortens the timeline to just six months for a no-fault separation. For those of us working with clients in real time, it’s a game changer—and not just legally. Emotionally, financially, and practically, it matters. 

 

What Changed, Exactly?

The biggest headlines: 

  • No more fault-based divorce grounds like adultery, cruelty, or desertion. 
  • New six-month no-fault divorce option, even if one spouse doesn’t agree. 
  • The “mutual consent” clause is still there but no longer the only no-fault route. 
  • No separation requirement if both parties agree and have resolved property and custody. 

Now, parties only need to live separately (under any roof) for six months—no more waiting a full year if they’re not in sync about ending the marriage. 

 

Why This Matters for Your Clients

At The Lincoln Law Firm, we’ve already had clients who were stuck in limbo waiting for the old 12-month requirement to pass. That’s a year of legal fees, stress, and constant back-and-forth, often with children caught in the middle. This shift means more people can move on faster—with less damage. 

Let’s be real: most divorces aren’t about proving “fault.” They’re about untangling two lives. This update helps couples do that without dragging things out unnecessarily. 

 

Fault Is Out—So Now What?

Getting rid of fault-based grounds doesn’t mean all divorces will be smooth. In fact, we expect new challenges: 

  • More contested filings if one party resists the six-month mark. 
  • Property division and custody disputes might get more attention now that “fault” isn’t on the table. 
  • Clients will need better prep—especially when the other spouse is uncooperative. 

Attorneys must be proactive with documentation, evidence of separation, and ensuring clients understand the emotional implications of this faster timeline. 

 

How to Advise Clients Under the New Rules

  1. Clarify “separation” – Couples can now live under the same roof but must prove separate lives (finances, sleeping arrangements, etc.). 
  1. Discuss financial consequences – Faster timelines don’t mean quicker resolutions if property or custody remains unresolved. 
  1. Prep for opposition – Even if one spouse wants out, the other might try to delay the process or contest what “separation” means. 

At The Lincoln Law Firm, we’re advising clients earlier and more comprehensively, especially those unsure whether to stay or go. Six months isn’t long when you’re in the middle of it. 

 

Legal Community Reactions

Some attorneys welcome the change. Others worry it might flood the courts or create more gray areas around cohabitation. But most agree—it’s a move toward modernization. 

According to LegalAwareness.org, Maryland’s shift mirrors broader trends across the U.S. “[The state] recognized that proving fault in divorce created unnecessary barriers for families trying to move on,” they note. Similarly, LegalClarity.org applauded the change, calling it “a compassionate update to outdated norms.” 

 

It’s Not All Smooth Sailing

The simplified process is still law, not therapy. Emotions run high, and assumptions about a “quick” divorce might set clients up for disappointment. 

There’s also the issue of evidence. If a couple lives together during the separation, proving the emotional and practical split can get murky. Judges will rely on clear documentation, which puts more pressure on attorneys to prepare well and early. 

 

FAQ

Can I get divorced in Maryland without proving my spouse did anything wrong?
Yes. Maryland no longer requires fault-based grounds for divorce. 

What if my spouse doesn’t agree to the divorce?
You can still file under the new six-month separation rule without mutual consent. 

Do we have to live in separate homes?
Not necessarily. You must live “separate lives,” even if in the same household. 

Is the divorce automatically granted after six months?
No. You still need to file, serve papers, and follow court procedures. 

What happens to custody or property issues?
They must be resolved, especially if you’re using the mutual consent route. Otherwise, they can be contested during the divorce process. 

This change is already reshaping how Maryland families separate—and how we help them through it. At The Lincoln Law Firm, we’re paying close attention, guiding clients with clarity, and preparing for a faster, less adversarial process. Change is hard—but this one? It might be a step in the right direction. 

 

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How a Protective Order Attorney Can Help You Stay Safe

Facing threats, harassment, or abuse can leave you feeling vulnerable. A protective order, sometimes called a restraining order, provides crucial legal protection. At The Lincoln Law Firm, we help clients seek swift legal protection to ensure their safety and peace of mind.

A protective order attorney assists by gathering evidence, filing the necessary petitions, and representing you at hearings. We guide you through obtaining temporary orders quickly and help you prepare for final hearings where permanent orders are decided.

An experienced attorney strengthens your case by helping you present testimony, witness statements, and documentation such as threatening messages or police reports. Properly prepared, your case stands a greater chance of obtaining strong, enforceable protection.

Protective orders can prohibit abusers from contacting or approaching you, your home, or workplace. Violating an order carries serious legal consequences for the offender.

If you need protection, don’t wait. Contact The Lincoln Law Firm today to work with a compassionate, determined protective order attorney.

Upset,Frustrated,Little,Girl,Tired,Of,Parent,Fight,,Toddler,Daughter

Choosing the Right Custody Attorney for Your Family

When it comes to child custody, emotions run high, and the stakes are incredibly personal. Choosing the right custody attorney is essential to protecting your relationship with your children and ensuring their best interests are upheld.

At The Lincoln Law Firm, we know that every family is unique. A good custody attorney listens to your concerns, understands your goals, and crafts a legal strategy tailored to your situation. Whether you’re seeking primary custody, joint custody, or need to establish visitation rights, our experienced attorneys can advocate effectively for your position.

A skilled custody lawyer negotiates parenting plans that cover physical custody, legal custody, holiday schedules, and more, all while aiming to minimize conflict and stress. If necessary, they can also represent you assertively in court, ensuring that your voice is heard.

Don’t leave your future with your children to chance. Work with a trusted custody attorney who will fight for you and your family.

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Why Hiring a Divorce Attorney Protects Your Future

Going through a divorce is one of life’s most challenging experiences. Emotions often run high, and important decisions must be made about finances, property, and children. Hiring a skilled divorce attorney can make all the difference.

A divorce attorney serves as your advocate, ensuring that your rights are protected throughout the process. From negotiating property settlements to arranging child custody agreements, an experienced lawyer knows how to navigate complex legal terrain.

Moreover, divorce attorneys can help diffuse tensions and promote more amicable resolutions, saving you time, stress, and money. They also ensure that all necessary legal documents are accurately prepared and filed, reducing the chances of costly mistakes.

If your case goes to court, having an attorney who understands family law and knows how to present a persuasive argument can be critical to achieving a favorable outcome.

At The Lincoln Law Firm, we are committed to protecting our clients’ futures during the difficult time of divorce. Contact us today for compassionate, effective representation.

Pursuing Justice after a Truck Accident: The Crucial Role of a Truck Accident Lawyer

Truck accidents can be some of the most devastating and complex motor vehicle accidents. These incidents often result in severe injuries and substantial damage due to the sheer size and weight of commercial trucks. The Lincoln Law Group, LLC, under the guidance of Mitterand Jean-Francois, is committed to holding negligent parties accountable and assisting victims in navigating the legal labyrinth that follows such accidents.

The Complexities of Truck Accident Cases

Truck accident cases are often more complex than standard car accidents due to multiple potentially liable parties—including the truck driver, trucking company, truck manufacturer, and others. Determining liability requires a thorough understanding of various federal and state laws, industry regulations, and intricate insurance policies. This complexity necessitates a proficient truck accident lawyer who can unravel these complexities and build a robust case.

The Role of a Truck Accident Lawyer

A seasoned truck accident lawyer can effectively gather evidence, identify all liable parties, calculate your total damages, and negotiate with insurance companies. They can also represent you in court if necessary. Their role is paramount in ensuring all negligent parties are held accountable for their actions.

Advocacy You Can Count On

At The Lincoln Law Group, LLC, Mitterand Jean-Francois utilizes a comprehensive approach to handle truck accident cases. He scrutinizes every detail and employs strategic legal tactics to pursue maximum compensation for his clients. His profound understanding of the law, coupled with his unwavering commitment to justice, offers clients a sturdy pillar of support during their difficult times.

Jean-Francois knows that each case is unique and treats every client with individualized attention and care. He actively communicates throughout the legal process, ensuring his clients feel supported and informed.

Seek Justice with The Lincoln Law Group, LLC

In the wake of a truck accident, the need for a proficient truck accident lawyer cannot be overemphasized. Mitterand Jean-Francois and The Lincoln Law Group, LLC, provide the support, guidance, and legal representation necessary to help you navigate the legal process and secure the compensation you deserve.

By choosing The Lincoln Law Group, LLC, you are partnering with a firm that prioritizes your needs and tirelessly works towards the best possible outcome for your case. For more information or to explore how The Lincoln Law Group, LLC, can assist you, call (443) 542-5889 or use their online contact form to schedule a free consultation.