Professional Profile
Joshua Brothers is an experienced advocate and attorney specializing in disability and elder law, estate
planning, and probate. He is a long-time leader at Brothers Henderson Durkin, P.S. A partner at the firm for over a
decade. his practice focuses on litigation and settlement planning; the development, implementation and
administration of special needs trusts and other types of trusts; estate planning; guardianship; benefits advocacy;
benefits litigation; and probate.
With a strong commitment to the disability and senior communities, Josh actively serves as a leader and
advocate for numerous community organizations. He currently presides on the Board of Directors for the Brain
Injury Alliance of Washington and on the CLE Committee for the Washington State Association for Justice.
Previously held voluntary positions of his include being the President of the Board of Directors for the Arc of King
County and the CLE Co-Chair for the King County Bar Association Guardianship and Elder Law Section. He is also
a member of the Board of Directors for the Arc of Washington State, the Professional Advisory Board for the
Autism Society of Washington, and the Tyee Sports Council.
Josh was named as a Super Lawyer for the years 2019-2024, and as a Rising Star by Washington Law & Politics
for 2009 and 2010. He is a frequent presenter at legal education seminars, parent group meetings, conferences,
and symposiums on issues related to his areas of practice.
When he’s not practicing law, Josh enjoys spending time with his wife, two daughters, and two dogs. He is an
avid surfer and skier. Prior to law school, Brothers was one of 60 cyclists in the 1999 Journey of Hope bicycle ride
from San Francisco to Washington, D.C., raising money and awareness for people with disabilities.
Admissions
- Oregon State Bar Association, 2017
- Washington State Bar Association, 2004
- U.S. District Court for the Western District of Washington, 2004
Professional Memberships
- King County Bar Association
- Washington State Associations for Justice
- Academy of Special Needs Planners
- Arc of Washington State & King County
- Brian Injury Alliance of Washington
Honors
- Washington Super Lawyers, 2019-2024
- Washington Super Lawyers, Rising Star, 2009-2010
Speaking Engagements & Presentations
- Bernstein Private Wealth Management, “Special Needs Planning for the High Net Worth Family”, March, 2017
- Washington State Association for Justice, Subrogation Seminar, “Resolving Medicaid Liens with the Health Care Authority”, November, 2016
- The Washington Academy of Elder Law Attorneys, 2016 Fall CLE & Annual Meeting, “Effective Use of Trust Protectors”, October, 2016
- Washington State Bar Association, Effective Tools for the 21st Century Litigator, “Ethics in Representing Minors and Individuals with Diminished Capacity”, September, 2016
- SeminarWeb (through the Washington State Association for Justice), “The Evolving Impact of the ACA and Medicaid Expansion at Settlement”, June, 2016
- King County Bar Association, Title 11.88 Guardian ad Litem Training, “Anderson v. Dussault Overview”, June, 2016
- North American Brain Injury Society, 29th Annual Legal Conference on Brain Injury, “Ethical Considerations in Brain Injury Cases”, April, 2016
- National Business Institute, Damages in Personal Injury, “Subrogation, Liens and Damages”, November, 2015
- King County Bar Association, Settlement Guardian ad Litem Training, “Resolution of Claims Against the Recovery”, October, 2015
- King County Bar Association, Settlement Guardian ad Litem Training, “Apportionment of Recovery Upon Death”, October, 2015
- University of Washington LL.M Program, Drafting Estate Planning Documents, “Special Needs Planning and Elder Law”, guest speaker, May, 2015
- North American Brain Injury Society, 28th Annual Legal Conference on Brain Injury, “Ethics and TBI Issues: Medicare Set-Asides, Settlement Issues and Coordination of Government Benefits”, May, 2015
- Washington State Bar Association, Elder Law Spring Seminar, “The On-Going Impacts of Anderson v. Dussault”, April, 2015
- King County Bar Association, Advanced Guardianship Issues, “The Use of Guardians ad Litem Post Appointment”, April, 2015
- Washington State Association for Justice, Subrogation Seminar, “Negotiating with HCA under Ahlborn”, March, 2015
- Northwest Region Fragile X Conference, “Special Needs Trusts and ABLE Accounts”, March, 2015
- Academy of Special Needs Planners, “Medicare & Medicaid Lien Resolution” (national webinar), February, 2015
- Washington State Bar Association, The Law of Lawyering, “Clients in Need: Dealing with Clients with Diminished Capacity”, December, 2014
- King County Bar Association, Guardianship and Elder Law Section Meeting, “Anderson v. Dussault”, November, 2014
- Washington State Association for Justice, East King County Roundtable, “Ethics and Malpractice in Catastrophic Personal Injury Settlements”, November, 2014
- Washington State Association for Justice, Legal Staff Section Meeting, “Changes to MSPRC/Medicare”, June, 2014
- Brain Injury Alliance of Washington, Handling the Traumatic Brain Injury Case, “Ethics and TBI Issues: Ethics Hour: Medicare Set-Asides, Settlement Issues and Coordination of Government Benefits in Traumatic Brain Injury Cases”, May, 2014
- Tenth World Congress on Brain Injury, “Ethical Issues in the Preparation and Settlement of the TBI Case: Help the Client and Protect Yourself”, March, 2014
- King County Bar Association, Guardianship & Elder Law Section Meeting, “2013 Legislative Changes to Washington Trust Law”, September, 2013
- King County Bar Association, Eastside Real Property, Probate and Trust Section Meeting, “Emerging Trust Paperwork & Procedures in King County Superior Court”, September, 2013
- Washington State Association for Justice, Preparing for and Litigating Traumatic Brain Injuries Cases, “Ethical Considerations at Settlement”, May, 2013
- Washington State Association for Justice, East King County Roundtable, “Medicare: Future Medicals and the SMART Act”, May, 2013
- Washington State Association for Justice, Legal Staff Seminar, “Negotiating with DSHS/HCA under Ahlborn” and “An Overview of SSI, Medicaid and Medicare”, March, 2013
- Washington State Association for Justice, Medicare and The Personal Injury Claim, “Future Medical Care and Protecting Medicare’s Interest”, October 2012 (Co-Chair)
- National Business Institute, Damages, “Subrogations, Liens and Damages”, September, 2012
- Northwest Trust Conference, “An Introduction to Special Needs Trusts”, September, 2012
- King County Bar Association, Title 11 Guardian ad Litem Training, “Chapter 11.90 RCW: Uniform Adult Guardianship & Protective Proceedings Jurisdiction Act”, April, 2012
- Washington State Association for Justice, New Members Section, “Don’t Stop Now! An Introduction to the Basics of Settlement Planning”, April, 2012
- King County Bar Association, Guardianship & Elder Law Section Meeting, “Changes in Trust Law”, February, 2012
- National Business Institute, Medicare Set-Asides in Personal Injury Litigation, “Protecting Supplemental Security Income and Medicaid: Special Needs Trusts”, August, 2011
- King County Bar Association, Advanced Issues in Elder Law: So You Think You’re a Fiduciary, “Role of the Court & Regulatory Boards”, March, 2011
- Washington State Association for Justice, Legal Staff Section, “Public Benefits Overview”, March, 2011
- Boeing Employee Credit Union, “Special Needs Trusts”, October, 2010
- Washington State Association for Justice, Putting Out the Flames in Subrogation Claims, “Mitigating the Medicaid Misery: Negotiating with DSHS under Ahlborn”, October, 2010
- Estate Planning Council of South King County, “Special Needs Planning”, July, 2010
- King County Bar Association, Advanced Guardianship Issues, “Relocating Incapacitated Persons: Changing Venue”, April, 2010
- King County Bar Association, Guardianship & Elder Law Section Meeting, “Division of Developmental Disabilities Benefits”, April, 2010
- Center for Children and Youth Justice, “Division of Developmental Disabilities Benefits”, April, 2010
- Washington State Association for Justice, Clark County Roundtable, “Disabilities, Public Benefits, Settlements and Special Needs Trusts”, February, 2010
- King County Bar Association, Social Security Boot Camp, “Special Needs Trusts” May, 2009 (Co-Chair), March, 2010 (Co-Chair), December, 2013
- King County Bar Association, Medicaid Boot Camp, “Understanding the CARE Tool”, May, 2009 (Co-Chair), March, 2010 (Co-Chair), May, 2012
- South Sound Estate Planning Council, “Elder and Disability-Related Issues”, November, 2009
- King County Bar Association, Guardianship & Elder Law Section Meeting, “Understanding and Maintaining COPES and MPC Hours Under the CARE Tool”, September, 2007
- Seattle University, An Introduction to Public Benefits Law, “Developmental Disability Programs”, April, 2007
- King County Bar Association, Advanced Guardianship Issues, “Representing ‘Lay’ Guardians”, March, 2007
- Seattle University, Special Needs and the Law, “Public Benefits”, April, 2006, December, 2006, November, 2008, June, 2010
- Frequent speaker on disability and settlement issues at parent group meeting and conferences and professional organizations throughout Washington State, including estate planning, trusts, guardianships, public benefits and settlement planning
- Margaret Dalton, Clinical Law Professor
- Research Assistant, Center for Public Interest Law, University of San Diego School of Law, 2003 to 2004
Publications
- Washington State Association for Justice, Washington Subrogation Deskbook, Resolving Medicaid Liens with the Health Care Authority, November, 2016
- Academy of Special Needs Planners, The Future of Medicaid Lien Resolution in Limbo Following Passage of Bipartisan Budget Act of 2013, May, 2014
- King County Bar Association Bar Bulletin, Guardianship & Alternatives, October, 2006
- Washington Rain, Autism Society of Washington, IDEA Reauthorization, January, 2006
- Every Child Magazine Legislative Update, September, 2005
Community Involvement
- Push America, Volunteer, 1996 to 2000
- Washington State Games, Volunteer, 1997 to 2000
- Push America Journey of Hope, Volunteer, 1999
- Arc of Washington
- Arc of King County
- Brain Injury Association of Washington
- Washington State Association for Justice, CLE Committee
- Tyee Sports Council
- Arc of King County Board of Directors
- Developmental Disabilities Endowment Trust Fund Governing Board
- King County Bar Association Executive Board, CLE Chair
- Arc of Washington State Board of Directors
- Autism Society of Washington Professional Advisory Board
- University of Washington Tyee Sports Council
