Business and Corporate Law

• Corporate Law
  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.
• Business Disputes
• Intellectual Property

Employment Law

• Workers Compensation
• Wrongful Termination
  Ron has considerable experience in cases involving serious workplace injuries including the handling of the worker’s compensation and third party liability issues, which arise in that context. Ron has handled commercial construction disputes both in the courts and in construction arbitration forums. Ron has represented both employers and employees in discrimination, non-compete, wrongful termination, and severance disputes.
• Employment Discrimination
  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.
• Employment Litigation
• Severance Agreement

Property Law

• Real Estate Litigation
  As your advocates, we will provide honest counsel so that you can make informed decisions about your real estate matters. We will make recommendations that address your unique concerns and limit the opportunity for future legal problems.
• Premises Liability
  Civil litigation matters, including personal injury disputes related to premises liability, workplace injuries, medical malpractice cases and employment law disputes
• Construction Litigation
• Real Estate Transactions
  Before you close on your property, it helps to have a knowledgeable professional protect your financial interests by reviewing your paperwork and the terms of your contract. Our real estate lawyers have facilitated many real estate transactions throughout Johnstown and the surrounding communities. We use our deep background with this intricate process to help you handle your closing efficiently and effectively.

Health Law

• Personal Injury
  We are here for you after a catastrophic collision. Our team of attorneys has decades of combined legal experience with complex work-related accidents and personal injury matters, so we are equipped to take your case. We have secured maximum compensation for our clients throughout Johnstown and the neighboring communities.
• Medical Malpractice
  Filing a medical malpractice claim can be overwhelming if you do not have a legal background and are recovering from life-changing injuries. In addition, hospitals and their insurers do their best to make this process as difficult as possible. They are more concerned about their profits than paying you the compensation you deserve.
• Social Security Disability
  When you rely on your paycheck to provide for your family, a work-related illness, injury or disability can put your welfare at risk. Workers’ comp and Social Security Disability (SSD) are federal and employer-sponsored programs that provide financial assistance to disabled adults who qualify, but the application process can be hard to navigate alone.

Trusts and Estates

• Estate Planning
  Probating The Estate Estate administration includes probating the estate, which generally involves finding any creditors and paying debts, gathering the decedent’s assets and passing them to the heirs and beneficiaries specified in the will. Any applicable estate taxes must also be paid. If the decedent had a will, the personal representative/executor follows the instructions set forth in the will. If the person did not have a will, they are said to have died intestate. In these cases, probate follows Pennsylvania law, and the court will name an administrator of the estate to oversee the probate process.
• Wills
  Planning Ahead Makes A Difference Having a carefully crafted estate plan is crucial in securing the financial future you want for your family. With our considerable experience in estate administration, we know how to avoid mistakes in wills and trusts, which can prevent disputes from occurring. We can help you select the trust(s) that are appropriate for the goals you have for the protection of your assets today and in the future. As part of a complete estate plan, we also create powers of attorney for finances and health care as well as advance directives/living wills.
• Trusts
  Comprehensive Counsel In All Manner Of Estate Concerns Losing a loved one is difficult, and trying to administer their estate adds another layer of difficulty to the situation. Fortunately, you do not have to do this alone. The attorneys at Spence Custer have the experience and knowledge necessary to handle complex and simple estates in western Pennsylvania. From our office in Johnstown, we serve individuals and families throughout the area in estate administration, probate, trust administration and estate planning.
• Power of Attorney
• Probate
  Providing Guidance For Personal Representatives, Administrators And Trustees If you are a personal representative or an administrator, you will likely want to work with a probate lawyer so they can ensure that each step of the process goes smoothly. There are myriad issues to handle, and this can be overwhelming if you do not have experience with estate administration or knowledge of probate law. We have administered hundreds of estates, from simple to complex, and can efficiently manage the process for you. We also will protect your interests in will contests and other disputes over the estate. In addition, we help trustees with trust administration if the decedent had a trust. We can also help trustees with the management of the trust before the grantor’s death. Trusts can be complicated to manage before or after the grantor dies, so it is advisable that trustees seek legal help when necessary.

Finance Law

• Bankruptcy
  Chapter 11 bankruptcy, which is usually filed by businesses. It allows business owners to reorganize their business and create a repayment plan.