Joshua L. Brothers

Contact Me:

Practice Areas:

  • Litigation and Settlement Planning
  • Development, implementation and administration of special needs trusts and other types of trusts
  • Estate Planning
  • Guardianship
  • Benefits advocacy
  • Benefits litigation
  • Probate

Biography

Joshua L. Brothers is an experienced advocate and attorney in disability and elder law, estate planning, and probate. He is a long-time leader at Brothers & Henderson, 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, Brothers actively serves as a leader and advocate for numerous community organizations. He current serves on the Board of Directors for the Brain Injury Alliance of Washington and on the CLE Committee for the Washington State Association for Justice. He has previously held voluntary positions as the president of the Board of Directors for the Arc of King County as the CLE Co-Chair for the King County Bar Association Guardianship and Elder Law Section and as 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.

Mr. Brothers, named as a Super Lawyer for 2019. He was also named as a Rising Star by Washington Law & Politics for 2009 and 2010. He is a frequent presenter at continuing legal education seminars, parent group meetings and other conferences, and symposiums on issues related to his areas of practice.

He was admitted to practice in the State of Washington in 2004, the United States Federal District Court in 2004, and the State of Oregon in 2017. Brothers received his Juris Doctor from the University of San Diego in 2004 and his bachelor’s degree in political science from the University of Washington in 2000. Brothers is a member of the Washington State Bar Association, King County Bar Association, the Academy of Special Needs Planners, the Washington State and American Associations for Justice, the Arc of Washington State and King County, and the Brain Injury Alliance of Washington.

When he’s not practicing law, Brothers enjoys spending time with his wife, two daughters, and three 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.

Education

  • University of San Diego School of Law, San Diego, California
    • Juris Doctorate - 05/2004
  • University of Washington, Seattle, Washington
    • Bachelor of Science - 05/2000
    • Major: Political Science
    • Minor: Society & Justice and Jewish Studies

Bar Admissions

  • Washington, 2004
  • U.S. District Court Western District of Washington, 2004
  • U.S. Court of Appeals 9th Circuit, 2006
  • Oregon, 2017

Pro-Bono Activities

  • Push America, Volunteer, 1996 to 2000
  • Push America Journey of Hope, Volunteer, 1999
  • Washington State Games, Volunteer, 1997 to 2000
  • Arc of Washington
  • Arc of King County
  • Brain Injury Association of Washington
  • Washington State Association for Justice, CLE Committee
  • Arc of King County Board of Directors (former; Past President)
  • Developmental Disabilities Endowment Trust Fund Governing Board (former)
  • King County Bar Association Executive Board, CLE Chair (former)
  • Arc of Washington State Board of Directors (former)
  • Autism Society of Washington Professional Advisory Board (former)
  • University of Washington Tyee Sports Council (former)
  • Tyee Sports Council

Honors

  • Super Lawyers Rising Star, 2008, 2009
  • Five Star Financial Services Professional, 2016, 2017
  • Rising Star by Washington Law & Politics for 2009 and 2010

Classes & Seminars

  • Margaret Dalton, Clinical Law Professor
  • Research Assistant, Center for Public Interest Law, University of San Diego School of Law, 2003 to 2004
  • 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
  • Seattle University, Special Needs and the Law, “Public Benefits”, April, 2006, December, 2006, November, 2008, June, 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
  • 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 (CoChair), March, 2010 (Co-Chair), May, 2012
  • Washington State Association for Justice, Clark County Roundtable, “Disabilities, Public Benefits, Settlements and Special Needs Trusts”, February, 2010
  • South Sound Estate Planning Council, “Elder and Disability-Related Issues”, November, 2009
  • King County Bar Association, Advanced Guardianship Issues, “Representing ‘Lay’ Guardians”, March, 2007
  • Seattle University, An Introduction to Public Benefits Law, “Developmental Disability Programs”, April, 2007
  • King County Bar Association, Guardianship & Elder Law Section Meeting, “Understanding and Maintaining COPES and MPC Hours Under the CARE Tool”, September, 2007
  • 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

Published Works

  • 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
  • Every Child Magazine Legislative Update, September, 2005
  • Washington Rain, Autism Society of Washington, IDEA Reauthorization, January, 2006
  • King County Bar Association Bar Bulletin, Guardianship & Alternatives, October, 2006

Professional Associations

  • Academy of Special Needs Planners
  • King County Bar Association (Guardianship and Elder Law Section; Real Property, Probate and Trust Section)
  • Washington State Bar Association (Elder Law Section; Real Property, Probate and Trust Section)
  • Washington State Association for Justice (Eagle Member)
  • Arc of Washington State and King County, and the Brain Injury Alliance of Washington

Current Employment Position

  • Shareholder

Past Positions

  • Participant, Special Education Clinic, University of San Diego School of Law, 2003 to 2004