Delaware Local Counsel

Delaware Local Counsel

Delaware rules of court require that out of state lawyers seeking to represent clients in any state and federal courts in Delaware must associate with counsel admitted in the respective Delaware Court(s).*

If you are out of state counsel to a matter pending in a Delaware court, we can help navigate the rules and provide your client with the required representation in Delaware. The Law Office of James Tobia has extensive experience serving as local Delaware counsel to lawyers across the country, in both state and federal courts.

Mr. Tobia has appeared as local Delaware counsel in a wide variety of matters, including among others, matters involving:

•    Bankruptcy Preference and Avoidance Litigation in the United States Bankruptcy Court for the District of Delaware
•    Commercial Litigation in the United States District Court for the District of Delaware and the Superior Court of the State of Delaware
•    Corporate Litigation before the Court of Chancery of the State of Delaware

Use our contact form, email to, or call the firm’s Wilmington office directly at (302) 655-5303 to discuss utilizing The Law Office of James Tobia, LLC as local Delaware counsel.

*  Important disclaimer:  The phrase Local Delaware Counsel is utilized herein because it a commonly used term, but it is important to clarify that the term is misused.  The role is simply Delaware Counsel, in this instance representing a mutual client jointly with out of state counsel.
All representation by this firm is and must be subject to professional and Court rules of the state of Delaware, as summarized in the following quote from Vice Chancellor Laster:

Because the letter uses the phrase “local counsel,” I believe it important to make clear that the Court of Chancery does not recognize the role.  I am certainly familiar with the term, and I know well that it is often used colloquially as if it were synonymous with “Delaware  counsel.”    It  is not.    Our  rules  make  clear  that  the  Delaware  lawyer  who appears  in  an  action  always  remains  responsible  to  the  Court  for  the  case  and  its presentation.  See Ct. Ch. R. 170(b) (“The admission of an attorney pro hac vice shall not relieve the moving attorney from responsibility to comply with any Rule or order of the Court.”).  So do the Principles of Professionalism for Delaware Lawyers.
State Line Ventures, LLC v. RBS Citizens, N.A., Del.Ch., 2009 WL 4723372 (Dec. 2, 2009).

For a more detailed analysis of the respective roles of forwarding counsel and Delaware counsel, forwarding counsel should review, e.g., State Line Ventures, LLC v. RBS Citizens, N.A., Del.Ch., 2009 WL 4723372 (Dec. 2, 2009); James v. National Financial LLC, Del.Ch., 2014 WL 6845560 (Dec. 05, 2014).

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