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(814) 536-0735


Toby D. McIlwain is an associate with Spence Custer. Toby’s primary area of practice is civil litigation. His diverse practice includes personal injury matters, products liability, medical malpractice, commercial litigation, civil rights litigation, employment discrimination, Federal Black Lung defense, and employment disputes.

Prior to joining Spence Custer, Toby served as a judicial law clerk for the Somerset County Court of Common Please, where he performed substantial legal research and writing and developed the skills and knowledge necessary to effectively represent client interests in all aspects of the law. During his clerkship, Toby drafted numerous judicial opinions, many of which were selected for publication and adopted by Pennsylvania appellate courts.

In 2013, Toby graduated from the University of Pittsburgh School of Law. During law school, Toby worked as a certified legal intern in Pitt Law’s Taxpayer Clinic where he represented clients in disputes involving IRS before the United States Tax Court. Toby was a founding member of the Pitt Law Real Property Group and a member of the Business and Corporate Law Association. Prior to enrolling in law school, Toby earned his Bachelor of Science degree from Virginia Polytechnic Institute and State University.

Practice Areas:

  • Civil Litigation
  • Personal Injury
  • Products Liability
  • Medical Malpractice
  • Commercial Litigation

Current Employment Position:


Past Positions:

Somerset County Court of Common Pleas, Judicial Law Clerk, 2013 to 2015


  • University of Pittsburgh School of Law, Pittsburgh, Pennsylvania – 2013
  • Virginia Polytechnic Institute and State University – 2010

Bar Admissions:

  • Pennsylvania
    U.S. District Court Western District of Pennsylvania
  • U.S. District Court Middle District of Pennsylvania
  • United States Court of Appeals for the Third Circuit

Professional Associations:

  • Cambria County Bar Association
  • Somerset County Bar Association
  • Pennsylvania Bar Association
  • American Bar Association
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