General Civil Law & Litigation

When You Need a Strong Advocate—In or Out of Court

Not all legal problems fall neatly into a category like family law or real estate. Sometimes, you just need someone to step in and help resolve a dispute—whether it’s over money, property, contracts, or obligations that haven’t been met. That’s where civil litigation comes in.

At Ray, Winton & Kelley, we represent individuals, businesses, and organizations in a wide range of civil matters. If someone has wronged you—or claims you’ve wronged them—we help sort through the facts, build your case, and pursue a resolution that protects your interests.

What Is Civil Litigation?

Civil litigation refers to legal disputes between parties who are seeking money, performance, or legal clarity—not criminal penalties. These cases can arise from just about any type of disagreement. You may be owed payment for services. You might need to enforce a contract. Or someone may be accusing you of breach, negligence, or damage.

We handle a wide range of civil matters, including:

Breach of contract
Debt collection and enforcement
Property damage disputes
Business disagreements between partners, vendors, or clients
Civil claims related to negligence or financial harm
Temporary restraining orders or injunctions

Whether you're filing a claim or defending against one, we’ll walk you through your options and fight for the result that makes sense for you.

Common Scenarios We Help With

Civil disputes can be deeply frustrating—especially when you’ve tried to work things out on your own. Here are just a few of the situations where we step in:

You paid a contractor who didn’t finish the work—or did it badly.
A vendor delivered the wrong materials and refuses to take responsibility.
A client hasn’t paid their invoice, and it’s dragging out your cash flow.
You co-own property or a business, and your partner isn’t holding up their end.
Someone is using your property or intellectual work without permission.
You’re being sued and don’t know where to start.

Every case is different, and the outcome often depends on the strength of the facts and the quality of your representation. That’s where we come in.

Our Approach to Civil Disputes

Some cases are best settled quickly. Others need to be taken to court. Our job is to help you figure out which path makes sense—and then take the steps to get there.

Here’s what we do:

Investigate the situation and gather supporting documentation
Advise you on your legal rights and risks
Draft and file the necessary legal documents
Represent you in negotiations, mediation, or court proceedings
Pursue damages, injunctions, or enforcement as needed

We keep you informed throughout the process. No guesswork, no radio silence—just clear, ongoing communication and honest expectations.

When Litigation Is the Right Move

Litigation isn’t always the first step—but sometimes, it’s the necessary one. If negotiation has failed, or the other side isn’t taking your concerns seriously, filing a civil lawsuit can move things forward.

We help clients weigh the cost, time, and likelihood of success before jumping in. And if we do move forward with a case, we build it with intention—strategically and with your goals in mind.

Why RWK Is the Right Fit

At Ray, Winton & Kelley, we’ve built a reputation on practical, thoughtful legal work that puts our clients’ needs first. We don’t overcomplicate things or bury you in jargon. Instead, we focus on helping you understand your situation, make informed decisions, and take the right steps to protect yourself, your family, or your business.

With decades of experience serving Charleston and communities across West Virginia, we bring both deep legal knowledge and a grounded, real-world perspective to every case. Whether you're planning ahead, facing a dispute, or simply looking for clarity, you can count on our team to provide steady guidance and dependable representation.

FAMILY LAW, DIVORCE & DOMESTIC RELATIONS

Family relationships are complex, and the finances associated with those relationships are often intricate. We have the ability to understand the complexity of those relationships and provide our clients with effective counsel, especially when relationships end in divorce. We handle divorce cases at all income levels and have had particular success with high net-worth cases.

CORPORATE LAW & LITIGATION

Starting and operating a business requires many important decisions. We can help guide you through the process and protect your interests. The issues we handle include business incorporation, breach-of-contract claims, construction law, contractor’s liens, collection of debts, judgment enforcement, non-compete agreements, fraud, partnership disputes, operating agreements, employment matters, and business purchases and sales.

GENERAL CIVIL LAW & LITIGATION

General civil litigation involves seeking compensatory damages for some actual or perceived wrong. However, remedies in civil matters can also include specific performance of a contractual agreement, injunctive or other equitable relief.

REAL ESTATE LAW & LITIGATION

We handle a variety of real estate legal issues, including sales, leasing, financing, contract negotiations, title assurance, landlord-tenant relations and taxes. When litigation is necessary, we represent clients in disputes over construction, mechanic’s liens, easements, boundaries, condemnation and landlord-tenant issues.

LAWYER DISCIPLINARY PROCEEDINGS

Mark Kelley has represented numerous West Virginia attorneys in all stages of the disciplinary process. If you need representation in this area or just want a consultation to help you deal with a complaint, the firm is ready to assist you in the process.

EMPLOYMENT

Employment law encompasses thousands of federal and state statutes, administrative regulations and judicial decisions that cover a wide spectrum of the employer/employee relationship. We handle issues for employees or employers in such areas as collective bargaining, employment discrimination, unemployment compensation, pensions, workplace safety and workers’ compensation.

MEDIATION

The firm offers mediation services for business disputes, estate disputes and domestic relations cases. Mark and Sam have taken basic and advanced mediation courses through the West Virginia State Bar. Mark has mediated numerous cases in the above fields and is available to assist litigants and their attorneys in trying to resolve these often-complicated and contentious matters. Sam generally limits his mediation practice to family law disputes. It greatly enhances the chances of a successful mediation if your mediator has extensive experience dealing with the issues to be mediated.

Testimonials

Elizabeth Smith

Mr. Kelley is extremely responsive and knowledgeable when it comes to family law. He and his staff are have done an excellent job handling child custody issues quickly and effectively, highly recommend.

David Log

A very old and established law firm. Great for estate management and general law.

Leslie Richmond

Franki Parsons has been a life saver. Franki goes above and beyond to help you. So easy to talk to and you know she cares. Can't recommend enough.