Phone: (814) 536-0735

Fax: (814) 539-1423


Toby D. McIlwain is an associate with Spence, Custer, Saylor, Wolfe & Rose. 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 Pleas, 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 the 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.


  • July 2015 – present: Spence, Custer, Saylor, Wolfe & Rose, LLC
  • 2013 to 2015 – Judicial Law Clerk, Somerset County Court of Common Pleas

Legal Education:

  • 2013 – University of Pittsburgh School of Law

Undergraduate Education:

  • 2010 – Virginia Polytechnic Institute and State University

Professional Admissions:

  • Pennsylvania

Court Admissions:

  • Supreme Court of Pennsylvania
  • United States District Court for the Western District of Pennsylvania

Professional Affiliations:

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

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