About Us

The Law Office of James Tobia is not the typical firm.  We do things a bit differently here.  We subscribe to the CYA (Cover Your “Butt”) approach, always trying to stay a step ahead of those who would needlessly or unfairly sue you, in order to make such a suit less appealing to those parties. The CYA approach is also designed to minimize your exposure in the event that litigation cannot be avoided, and you are sued, so that you will be better prepared to mount a defense that protects your legal and economic rights.

Our Philosophies

We understand the negative reputation that lawyers have with the public at large. Maybe some lawyers in other jurisdictions have earned those negative reputations, but we believe that it can be avoided by communicating effectively with clients and treating all involved parties – client, adversaries, and third parties – with dignity and respect.

We follow the Golden Rule (i.e. treat others as you would like them to treat you) in our professional and personal relations. Not only does this approach assist our professional dealings and therefore benefit our clients, but it also helps us sleep well at night. We believe our clients share those sentiments and that everyone benefits if it is possible to avoid full fledged litigation. If litigation is unavoidable, then our clients can take comfort knowing that we will apply our experience in representing a diverse client base across disciplines to advocate aggressively on your behalf to achieve favorable results.

Communication is the cornerstone to any relationship, including the Attorney Client Relationship.

We also understand that communication is the key to any strong relationship. We expect that the attorney client relationship will be founded on effective communication. You have a right to understand what is happening in your legal matter. We will take the time to answer your questions and to explain to you the status of your legal matter and what to expect as it progresses to conclusion.
We also think it is essential that our clients understand the realities of their legal situation, how we can (and cannot) help, and the possible outcomes each client faces.

Frequently Asked Questions

"Why do I need a lawyer?"

It is possible that you don’t need a lawyer, or at least not yet.  But, if you are asking that question, you need to understand the situation, so that you can make an informed decision in answering that question.  

We frequently are hired to fix a problem our clients face that could have been avoided in whole or in part by better planning and earlier action. Simply put, you should not be entering into a contractual or business relationship without first consulting a lawyer. It never ceases to amaze me how often a future client will sign a contract without first obtaining legal advice where the contract expressly states that the client should seek legal counsel before signing it.

Time and time again, clients come to us with problems that were created because they were trying to save a few bucks doing something themselves or through fad internet legal service providers.  And we are certainly not second-guessing your desire to save money.  But at a minimum, you need an experienced attorney to review what you are facing and advise you. Even if you think that you are in 100% agreement with the other party, you need a lawyer to review your proposed actions and advise you, to make sure that you are doing what you think you are doing and not overlooking any unintended consequences. And if you really are in agreement and are doing things properly, then those legal services will be minimized.

“How does this all work, and what should you do next?”

Every situation is different and we can’t answer all hypotheticals in advance through our website.  But we are happy to have a brief introductory communication to figure out our fit for your needs and to answer some basic questions about the process.  Email or call today.  

“Where are you located?  Do I need to come to your office?”

We are located in Wilmington, Delaware, just outside downtown, near Trolley Square, and convenient to Route 202 Concorde Pike and I-95.  
You absolutely do not need to come to our office.  Many of our clients are located outside the state of Delaware, and we were used to communicating remotely even before the Covid-19 pandemic.  Indeed, now we frequently work remotely.  If for some reason you want to see me, we prefer to do so by zoom, but of course we can have a physical meeting if that is your preference and health and safety standards are met.

“What is this going to cost and how do I pay?”

For many people, this is the most important question.  It is easy to understand that there is a point at which legal fees may not make sense in your particular situation.  We are aware of the financial realities of legal services, and constantly strive to work with our clients to tailor representation in a way that is efficient and makes financial sense to you.  The overall costs depends greatly on your situation and what option you choose going forward.  Call or contact us to discuss your specific situation.

Although legal representation can be expensive, we are committed to minimizing your costs.  If representation does not seem to be cost effective to YOU, WE will decline representation.  But there are frequently situations where the cost of not obtaining legal representation will end up costing you more in the long run.  

If you have a situation that has caused you to search the internet for a lawyer, you probably need to consult a lawyer now, rather than waiting for something to happen.  It may be the case that it makes sense to wait on taking further action.  But you shouldn’t wait for a consultation to better understand the situation, your rights, potential liabilities and potential consequences of actions or inaction.  

We have many payment options and many different fee structures, depending on the specifics of your situation, ranging from traditional full-scale representation with hourly fees to alternate fee structures, including limited-representation unbundled services.  We work with clients on a variety of fee structures, including:

•      Hourly Fee Arrangement
•      Reverse Contingency Arrangement (for Defendants)
•      Flat Fee Arrangement
•      Hybrid Arrangements

We also provide Unbundled or a la Carte Services, in certain situations.  In fact, all Family Law services we now provide are only unbundled.  

For more information, contact The Law Office of James Tobia, LLC today to schedule a consultation and to discuss representation, including payment options, by email to: info@tobialaw.com or by calling the firm’s Wilmington offices directly at (302) 655-5303.

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