Hiring a Business Lawyer in Delaware
How to form an LLC in Delaware, the state fees and yearly filings, how to check a lawyer's license, and the state bar's fee rules. We do not recommend or rank lawyers.
What a lawyer costs in Delaware: fee rules
| Rules on contingency fees | Contingent fees are allowed except where Rule 1.5(d) or other law prohibits them. A contingent fee agreement must be in a writing signed by the client and state how the fee is figured, including the percentage(s) the lawyer gets on settlement, trial or appeal, the litigation and other expenses deducted from the recovery, and whether expenses are deducted before or after the fee is calculated. It must clearly tell the client about any expenses the client must pay whether or not the client wins. At the end, the lawyer must give the client a written statement of the outcome and, if there is a recovery, the client's share and how it was figured. Lawyers may not charge domestic relations fees contingent on securing a divorce or on the amount of alimony, support or property settlement, or a contingent fee to represent a criminal defendant. |
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| If you disagree with a lawyer's bill | Fee disputes are not handled by the Office of Disciplinary Counsel; it refers them to the Delaware State Bar Association's Fee Dispute Committee, which hears disputes between lawyers and clients (and between successive lawyers on the same matter). To start, the initiating party signs a Petition and an Agreement to Arbitration and delivers them to the Committee Chair (not to the DSBA office). The committee does not give legal advice about fee agreements. ODC referral: https://courts.delaware.gov/odc/complaint.aspx |
| If a lawyer takes your money | The Lawyers' Fund for Client Protection of the Supreme Court of Delaware can reimburse people who suffered financial losses from a lawyer's dishonest conduct. File a signed and notarized Statement of Claim with the Fund at The Renaissance Centre, 405 North King Street, Suite 500, Wilmington, DE 19801 (ARMS_LFCP@delaware.gov); no lawyer is needed. Claims are screened for eligibility and investigated, and the Trustees decide in their discretion whether and how much to pay, considering the money available, the number of claimants and hardship. The Fund also advises reporting attorney theft to the Attorney General's Office and to Disciplinary Counsel. |
Delaware rules to know first
| How to form an LLC | File a Certificate of Formation with the Delaware Division of Corporations, using the Division's fillable PDF forms through its Document Filing and Certificate Request Service or by mail to Division of Corporations, John G. Townsend Building, 401 Federal Street, Suite 4, Dover, DE 19901 (with a cover sheet). All filing fees must be paid when the request is submitted. The Division's how-to page does not state a standard processing time; expedited options are listed on the fee schedule. |
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| LLC filing fee | The state filing fee for a domestic LLC Certificate of Formation is $110.00. Optional faster service costs extra: $50.00 for 24-hour service or $100.00 for same-day service, and the Division also offers 2-hour ($500) and 1-hour ($1,000) priority service. A certified copy is $50.00. |
| Registered agent | Every Delaware LLC must keep a registered office and registered agent in Delaware with a full street address (an agent may not act solely through a virtual office or mail-forwarding service). The agent may be the LLC itself, an individual Delaware resident, or a Delaware or foreign business entity authorized to do business in Delaware. The Division of Corporations says a business physically located in Delaware may act as its own agent. Re-verified and corrected 2026-10-27. |
| Annual report | Delaware LLCs do not file an annual report. The Division of Corporations states: "There is no requirement to file an Annual Report." Instead, LLCs pay an annual tax (see state taxes). |
| Operating agreement | Delaware law defines the limited liability company agreement (often called an operating agreement) as any agreement of the members, "written, oral or implied," about the LLC's affairs. It is not among the documents filed with the Division of Corporations. Whether every LLC must have an agreement was not addressed in the sections reviewed. Re-verified 2026-10-27. Source: 6 Del. C. § 18-101(9) |
| Closing an LLC | A domestic LLC files a Certificate of Cancellation. The fee is $220.00, plus any annual taxes owed (and an extra $50 for each registered series named). A foreign LLC's cancellation is $200.00 plus annual taxes owed. |
Find and check a lawyer
| Lawyer referral service | The Delaware State Bar Association's Online Lawyer Referral Service (OLRS) is strictly a referral service: you submit a request online, and participating attorneys may choose to respond and set an appointment, with "a $35.00 fee for the initial 30 minute interview"; further fees are negotiated with the attorney. The DSBA asks people not to call its office for referrals; the online system is the only way it helps people find a lawyer, and it cannot recommend an attorney. |
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| Check discipline history or file a complaint | The Office of Disciplinary Counsel (ODC) assists the Delaware Supreme Court in regulating lawyers. It evaluates and investigates complaints that a lawyer violated the Delaware Lawyers' Rules of Professional Conduct and may start formal disciplinary proceedings. File the ODC Complaint Form online (preferred), or mail a printed form to ODC, Leonard L. Williams Justice Center, 500 N. King Street, Suite 500, Wilmington, DE 19801; complaints are not accepted in person or by phone, and a separate form is needed for each lawyer. ODC notifies you in writing of the outcome; the process is generally confidential and ODC does not decide fee disputes. Public discipline (disbarment, suspension, interim suspension, public reprimand, transfer to disability inactive status) is listed in the Digest of Lawyer Discipline. Phone: (302) 651-3931. Digest of Lawyer Discipline: https://courts.delaware.gov/odc/digest/ ; FAQs: https://courts.delaware.gov/odc/faqs.aspx |
All legal help in Delaware · Background guide
Last verified against official sources: October 27, 2026.
How we source this page: each state-specific rule links to the statute, court rule or official government page it comes from. A rule taken from a public copy of a state code (used only where the official code is not freely readable online) is marked as a secondary source. Spot an error? Use the contact page to report it. About our sources
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.