Josh J.T. Byrne is Co-Chair of the firm's Disciplinary Board Representation Practice and concentrates his practice on representing and defending professionals in a variety of professional liability matters. Josh regularly represents attorneys in legal malpractice, wrongful use of civil proceedings and disciplinary matters. He also represents many other types of professionals, including those in the health care field, in the federal and state courts in Pennsylvania and New Jersey and before disciplinary boards.
Josh has devoted his legal career to the protection of professionals and is highly regarded in this arena throughout the state. He is the former Chair of the Pennsylvania Bar Association’s Professional Liability Committee; Co-Chair of the Amicus Curiae Brief Committee; and an active member of the Ethics Committee. He is also Co-Chair of the Philadelphia Bar Association’s Professional Responsibility Committee, the former Co-Chair of the Philadelphia Bar Association’s Professional Guidance Committee and is a former Hearing Committee Member serving the Disciplinary Board of the Supreme Court of Pennsylvania. He serves as a Zone One delegate to the Pennsylvania Bar Association’s House of Delegates and as a Judge Pro Temp for the Philadelphia Court of Common Pleas.
A prolific writer, Josh publishes extensively on malpractice avoidance and authors a recurring column in The Legal Intelligencer on professional liability topics. Josh frequently presents to legal and business organizations throughout Pennsylvania on professional liability themes.
Josh graduated with a dual major in Political Science and Japanese Studies From Earlham College in Richmond, Indiana. After college, he worked for two years as a coordinator for international relations in Chiba, Japan. He then obtained his juris doctor from Rutgers University School of Law. He is rated AV-Preeminent by Martindale-Hubbell, the highest rating for professional competence.
Honors & awards
AV Preeminent by Martindale-Hubbell
The Best Lawyers in America, Professional Malpractice Law - Defendants
2024-2026
Pennsylvania Super Lawyers Rising Star
2008
Pennsylvania Super Lawyers
2025
Year joined
2021
Results
Civil Rights Claims Dismissed Against Attorney Client in Federal Court
Lawyers' Professional Liability
April 7, 2025
Obtained dismissal of claims in a civil rights action brought against their attorney client in the Middle District of Pennsylvania. The plaintiff brought claims for Deprivation of Rights (42 U.S.C. 1983), Conspiracy Against Rights (42 U.S.C. 1985), and Civil Conspiracy against their client. Jake and Josh filed a motion to dismiss pursuant to F.R.C.P. 12(b)(6), arguing that the plaintiff had failed to state a claim upon which relief could be granted.
Unanimous Decision Received from the Supreme Court of Pennsylvania
Disciplinary Board Representation
April 14, 2024
We received a unanimous decision from the Supreme Court of Pennsylvania. This decision both limits the use of offensive collateral estoppel in disciplinary matters and establishes that the standard of proof for disciplinary matters in Pennsylvania is clear and convincing evidence. The Office of Disciplinary Counsel had sought to utilize non-mutual offensive collateral estoppel to preclude the respondent from disputing fact determinations by a bankruptcy judge when she sanctioned the respondent and his client.
Successful representation of attorney in Disciplinary Board matter.
Disciplinary Board Representation
April 11, 2023
We achieved an informal admonition, the lowest form of discipline which is non-public, for a lawyer client in a matter that involved alleged failures to appropriately represent clients and timely file appeals in six different criminal matters.
Dismissal of disciplinary complaint involving IOLTA funds.
Disciplinary Board Representation
January 30, 2023
We achieved dismissal of a disciplinary complaint brought against our attorney client who was the victim of a sophisticated scam and sent IOLTA (Interest on Lawyers’ Trust Accounts) funds belonging to another client out of the country.
Client privacy maintained in Disciplinary Board matter
Disciplinary Board Representation
November 10, 2022
In a highly unusual move in a case with potential national implications, the Office of Disciplinary Counsel filed a petition for allowance of appeal seeking to have the decision of the Disciplinary Board changed from a private reprimand to a public reprimand. The defense successfully defeated this petition, thus maintaining the client’s privacy.
Results
Received a unanimous decision from the Supreme Court of Delaware affirming the trial court decision dismissing a legal malpractice case arising out of an underlying class action settlement. The Supreme Court agreed with the arguments made on behalf of the defense that the court’s approval of the claim's administrator process, and finding that the class representation was adequate, both preclude a legal malpractice claim arising out of client dissatisfaction with the settlement and claims process.
Obtained a verdict for the defense following trial on a wrongful use of civil proceedings (Dragonetti Act) claim in the Court of Common Pleas, Philadelphia County. The action arose out of an underlying FDCPA claim.
Assisted an attorney and his zoning board clients in having sanctions imposed by a trial court judge vacated. I helped the attorney in obtaining pre-claim assistance coverage from his insurance carrier and then worked with him to author an appellate brief challenging the sanctions. In an unpublished opinion, the judge writing for the Commonwealth Court agreed with the arguments presented by myself and the client. The Commonwealth Court found that the trial court had no jurisdiction to issue sanctions under Section 2503 of the Judicial Code. The Commonwealth Court also found there was no basis to sanction the attorney or his clients under Rule of Civil Procedure 1701, and that the trial court did not provide appropriate due process before making a finding of contempt. The trial court’s order for sanctions was vacated.
Obtained a judgment for defense on a legal malpractice claim in Dauphin County after a bench trial. Plaintiff asserted the defendant did not properly represent him in an estate matter against his sister which caused him to be evicted from his mother’s house after she passed away. Successfully argued plaintiff could not establish the client ever agreed to represent plaintiff in the estate litigation and performed all of the duties she was retained for.
Obtained summary judgment in a wrongful use of civil proceedings case in the Eastern District Court of Pennsylvania. Successfully argued that client’s defense of probate action was not a “proceeding” as defined by the Dragonetti Act.
Obtained summary judgment in a legal malpractice action in the Eastern District Court of Pennsylvania. Successfully argued that plaintiff could not prove that he would have succeeded in the underlying action without respect for the alleged negligence of clients. Plaintiff’s claim that, had the clients conducted additional discovery, they would have succeeded on the underlying case was belied by plaintiff’s inability to present additional evidence to support the underlying claims during the legal malpractice action. The court reiterated the position that an increased risk of harm does not apply to legal malpractice actions.
Thought Leadership
Your Engagement Agreement as a Defense Against Fee Disputes
Philadelphia - Headquarters
Lawyers' Professional Liability
November 17, 2025
Status of ‘Gist of the Action’ in Legal Malpractice Claims Following ‘Swatt v. Nottingham Village’
Philadelphia - Headquarters
Lawyers' Professional Liability
September 19, 2025
98 Marshall Dennehey Attorneys Recognized in the 2026 Editions of The Best Lawyers in America and the Best Lawyers: Ones to Watch in America
August 20, 2025
Marshall Dennehey is proud to highlight the firm’s 98 attorneys who have been recognized in the 2026 editions of The Best Lawyers in America and the Best Lawyers: Ones to Watch in America. Less than 6% of all practicing lawyers in the U.S.
Socially Responsible Lawyers: Why You Need to Understand Social Media to Competently Represent Your Clients, Part 2
Philadelphia - Headquarters
Lawyers' Professional Liability
Disciplinary Board Representation
July 21, 2025
Marshall Dennehey Announces 2025 Pennsylvania Super Lawyers and Rising Stars
May 22, 2025
Thirty-three attorneys across Marshall Dennehey's five Pennsylvania offices have been selected to the 2025 edition of Pennsylvania Super Lawyers magazine.
Speaking Engagements
Ethics Hotline and Special Ethical Considerations for Prosecutors, Philadelphia Bar Association, District Attorney’s Office August CLE Program, August 21, 2025
Ethics and Legal Malpractice Avoidance, Philadelphia Bar Association, CLE Webinar, August 19, 2025
The New Administration’s Chilling Effect on Attorney Representation, Pennsylvania Bar Institute, CLE Webinar, April 22,2025
How to Use Artificial Intelligence Ethically in Your Law Practice, Villanova University Charles Widger School of Law Minority Alumni Society Virtual CLE, February 26, 2025
Recent Ethics Developments 2024, Philadelphia Bar Association CLE, January 16, 2025
Dealing with Difficult Opposing Counsel 2025, Pennsylvania Bar Institute CLE, January 10, 2025
Legal Malpractice Avoidance, Dauphin County Bar Association, CLE Webinar, December 18, 2024
Suicide Prevention and the 302 Process: Training for Family Law Practitioners, Philadelphia Bar Association, Live Webcast CLE, August 5, 2024
Socially Responsible: How to Ethically Use Social Media in Your Practice, Attorney Protective, CLE Webinar, May 22, 2024
Communications with Unrepresented Parties, Lawyers’ Club of Philadelphia, May 20, 2024
Avoiding Legal Malpractice, Pennsylvania Bar Association, May 8, 2024
Avoiding Legal Malpractice, Pennsylvania Bar Institute, November 29, 2023
Legal Malpractice Avoidance, Monroe County Bar Association, June 15, 2023
Cyber Exposures: Best Practices for Protecting Against, Preparing for & Responding to Cyber-Attacks, Lackawanna Bench Bar Conference, October 22, 2021
Attorney Wellness & Well-Being, Pennsylvania Bar Association Large Law Firm Committee and Pennsylvania Bar Institute, October 6, 2021
Legal Malpractice Avoidance, Monroe County Bar Association, June 16, 2021
Avoiding Legal Malpractice, Pennsylvania Bar Institute, June 9, 2021
Legal Malpractice Avoidance in the Pandemic, Dauphin County Bar Association, April 7, 2021
Pennsylvania Bar Association Conference of County Bar Leaders 2021, February 25, 2021
Midyear Meeting 2021, Pennsylvania Bar Association, January 27, 2021
Ethics and Malpractice Avoidance, November 23, 2020
Avoiding Legal Malpractice Training 2020, Pennsylvania Bar Association, June 9, 2020
Avoiding Malpractice, May 12, 2020
Avoiding Legal Malpractice, Conference of County Bar Leaders, February 26, 2020
Essential Ethics 2019, Conference of County Bar Leaders, December 19, 2019
Ethics and Malpractice Avoidance, November 19, 2019
Avoiding Legal Malpractice, October 21, 2019
Malpractice Seminar: It's 5 O'clock Somewhere, September 12, 2019
Ethics You Can Use - Lessons From Immigration Malpractice and Discipline Cases, September 11, 2019
Ethics and Malpractice Avoidance, July 23, 2019
Avoiding Legal Malpractice, May 22, 2019
Civil Litigation Section Retreat, Pennsylvania Bar Association, May 3, 2019
Malpractice Avoidance Seminars 2019,Pennsylvania Bar Association, April 9, 2019
Ethics and Malpractice Avoidance, March 28, 2019
Valuing Antiques and Collectibles 2019, March 19, 2019
Avoiding Legal Malpractice, March 12, 2019
Avoiding Legal Malpractice, Conference of County Bar Leaders, February 25, 2019
The Use of Technology in Your Law Practice: Know Your Ethical Obligations, February 13, 2019
Media Commentary
'Pa. High Court Rules in Favor of Higher Standard For Proving Attorney Misconduct,' The Legal Intelligencer, February 26, 2025
''Not Just Mere Money': Pa. Justices Suggest Higher Standard for Proving Lawyer Misconduct,' The Legal Intelligencer, April 11, 2024
'Judicial Conduct Complaints Spiked Across the Country in 2022,' The Legal Intelligencer, May 22, 2023
''They'll Get Theirs': Attorneys Strategize When Depositions Get Heated,' The Legal Intelligencer, January 13, 2023
'You Have to Battle When it Should be a Walk in the Park: Ethics Lawyers Say Attorney Discipline has Gotten Tougher,' The Legal Intelligencer, September 1, 2022
'Three Takeaways From Pa. High Court Decision on Dragonetti Act,' Law360, February 1, 2021
