Josh J.T. Byrne

Open for Business
Josh J.T. Byrne: Attorney with Marshall Dennehey
Attorney Awards
  • Martindale-Hubbell Peer AV Preeminent Rating
About Attorney Awards

Biography

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. Active in the Pennsylvania Bar Association, he is Co-Chair of the Amicus Curiae Brief Committee, an active member of the Ethics Committee, former chair of the Professional Liability Committee and a former Zone One delegate to its House of Delegates. Josh is also Assistant Treasurer of the Philadelphia Bar Association, former Co-Chair of the Philadelphia Bar Association’s Professional Responsibility Committee and former Co-Chair of its Professional Guidance Committee. Further, he has served as a Judge Pro Temp for the Philadelphia Court of Common Pleas and is a former Hearing Committee Member serving the Disciplinary Board of the Supreme Court of Pennsylvania.

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 (2024-2027)
•Pennsylvania Super Lawyers Rising Star (2008)
•Pennsylvania Super Lawyers (2025-2026)

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
•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

Published Works

•'Whither the Private Reprimand,' The Legal Intelligencer, July 22, 2026
•'What's the Gist of the Gist of the Action in Pennsylvania?' The Legal Intelligencer, May 14, 2026
•'The Distinction Between Abuse of Process and Wrongful Use of Civil Proceedings,' The Legal Intelligencer, March 16, 2026
•'Your Engagement Agreement as a Defense Against Fee Disputes,' The Legal Intelligencer, November 17, 2025
•'The Barrier to Legal Malpractice Cases Arising Out of Class Action Settlements,' The Legal Intelligencer, May 19, 2025
•''Clear and Convincing' Is the New Standard for Attorney Disciplinary Matters'' The Legal Intelligencer, March 17, 2025
•'What Are Forbidden Sexual Relations With Clients?' The Legal Intelligencer, November 18, 2024
•'Socially Responsible Lawyers: Why You Need to Understand Social Media to Competently Represent Your Clients (Part 1),' The Legal Intelligencer, September 18, 2024
•''But I Could Have Gotten More!' Damages Speculation in Legal Malpractice Cases,' The Legal Intelligencer, July 15, 2024
•'Your Well-Being Matters: Attorney Mental Health and Professional Competence,' The Legal Intelligencer, May 15, 2024
•'Restricting Restrictions: When Attorney Employment Agreements Run Afoul of the Rules of Professional Conduct , ' The Legal Intelligencer, March 21, 2024
•'Risk Management in the Practice of Law,' AttPro Ally, Attorney Protective newsletter, February 27, 2024
•'You Diligently Protect Your Clients; What About You? Part 2 (The Middle and the End),' The Legal Intelligencer, September 15, 2023
•'You Diligently Protect Your Clients; What About You? Part 1 (The Beginning), ' The Legal Intelligencer, July 14, 2023
•'Why Your Mental Health Matters to the Disciplinary Board, ' The Legal Intelligencer, May 16, 2023
•'When Disciplinary Counsel Knocks on Your Door, How Do You Respond?' The Legal Intelligencer, March 20, 2023
•'Settle and Sue Your Lawyer: The Muhammad Doctrine Under Fire,' Pennsylvania Bar Association Quarterly, January 2023
•'What to Think About When Deciding on Legal Malpractice Insurance,' PLUS Blog, September 12, 2022
•'Legal Malpractice: Taking a Mistake and Making It a Fiasco,' The Legal Intelligencer, May 17, 2022
•' Sometimes You Have to Fire Your Client to Avoid Issues, ' The Legal Intelligencer, March 18, 2022
•' Remorse and Acceptance, Lessons From the Disbarments and Suspensions of 2021, ' The Legal Intelligencer, November 19, 2021
•'Employing a Formerly Admitted Attorney,' PLUS Blog, November 1, 2021
•' Considerations in Purchasing Legal Malpractice Insurance, Part II: Coverages, ' The Legal Intelligencer, September 20, 2021
•' Preparing for the Worst: Considerations in Purchasing Legal Malpractice Insurance-Part I, ' The Legal Intelligencer, July 19, 2021
•'How Are You Incorrectly Using Your IOLTA Account (Part II)?' The Legal Intelligencer, May 18, 2021
•“Pa. Supreme Court Issues Two Major Professional Liability Opinions, ” The Legal Intelligencer, March 22, 2021
•“How Are You Incorrectly Using Your IOLTA Account (Part I)?, ” The Legal Intelligencer, November 20, 2020
•“Honesty and Mental Health in Disciplinary Actions, ” The Legal Intelligencer, September 18, 2020
•“Settlement Bar to Legal Malpractice Claims Affirmed, ” The Legal Intelligencer, July 17, 2020
•“The Dragonetti Act Is Not a Loser Pays Rule, ” The Legal Intelligencer, June 25, 2020
•“Legal Malpractice and COVID-19: The Devil Is in the Details and Follow the Money, ” The Legal Intelligencer, March 27, 2020
•“Judicial, Judicious, Judgmental-Misconduct Makes Headlines, ” The Legal Intelligencer, November 22, 2019
•“Statute of Limitations in Legal Malpractice Actions, ” The Legal Intelligencer, September 20, 2019
•“Employment of a Formerly Admitted Attorney: Potential Pitfalls, ” The Legal Intelligencer, July 19, 2019
•“A String of Big Names on Disciplinary Dockets This Spring, ” The Legal Intelligencer, May 21, 2019
•“A Big Year (Already!) for the Dragonetti Act, ” The Legal Intelligencer, March 26, 2019
•“The Gist of the Gist Doctrine in Legal Malpractice Actions, ” The Legal Intelligencer, November 23, 2018
•“A Look at Recent Pennsylvania Legal Malpractice Cases, ” The Legal Intelligencer, July 20, 2018
•“Free Resources for Attorneys Looking for Ethical Guidance, ” The Legal Intelligencer, May 24, 2018
•“Getting In and Out of Trouble With the Disciplinary Board, ” The Legal Intelligencer, March 23, 2018
•'Probable Cause as a Matter of Law in Dragonetti Cases,' The Legal Intelligencer, November 17, 2023

Media Commentary

•'Public Access Push Cited for Spike in Pa. Attorney Ethics Cases,' Law360, April 3, 2026
•'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

Results

Civil Rights Claims Dismissed Against Attorney Client in Federal Court

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. The Magistrate Judge agreed, issuing a report and recommendation for the claims to be dismissed, which the District Judge then adopted as the Court’s decision. No timely appeal was taken.

Unanimous Decision Received from the Supreme Court of Pennsylvania

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. The Supreme Court determined that the burden of proof for the judge in issuing sanctions was something less than clear and convincing evidence and, therefore, collateral estoppel did not apply. In making its decision, the Supreme Court noted that the previously expressed standard of “preponderance of clear and satisfactory evidence” was confusing and archaic but is the functional equivalent of “clear and convincing.”

Thought Leadership

The Legal Intelligencer

What’s the Gist of the Gist of the Action in Pennsylvania?

May 14, 2026

The question of when and how the gist of the action doctrine applies to professional liability claims in Pennsylvania, and whether a breach of contract claim may be asserted in any legal malpractice action where there is a contract, remains open.

The Legal Intelligencer

The Distinction Between Abuse of Process and Wrongful Use of Civil Proceedings

March 16, 2026

Attorneys and Pennsylvania courts have often conflated actions for abuse of process and wrongful use of civil proceedings (the Dragonetti Act). The two torts are very different claims, with different requirements, and should be considered separately. Some recent opinions have highlighted one of the key differences between the two types of claims, the distinction between a “proceeding” and “process.”

News

•106 Marshall Dennehey Attorneys Recognized in the 2027 Editions of The Best Lawyers in America and the Best Lawyers: Ones to Watch in America

August 20, 2026

•Marshall Dennehey Announces 2026 Pennsylvania Super Lawyers and Rising Stars Honorees

May 22, 2026

See more ›

Areas of Practice (4)

  • Disciplinary Board Representation
  • Miscellaneous Professional Liability
  • Lawyers Professional Liability
  • Commercial Litigation

Education & Credentials

University Attended:
Earlham College, B.A., 1992
Law School Attended:
Rutgers University, J.D., 1997
Year of First Admission:
1998
Admission:
1998, New Jersey; 2000, Pennsylvania; U.S. Court of Appeals 3rd Circuit; U.S. District Court Eastern District of Pennsylvania; U.S. District Court Middle District of Pennsylvania; U.S. District Court of New Jersey
Memberships:

Associations & Memberships

•Pennsylvania Bar Association, Co-Chair, Amicus Curiae Brief Committee; Ethics Committee Member; former Chair, Professional Liability Committee; former Zone One Delegate to the House of Delegates
•Philadelphia Bar Association, Assistant Treasurer, 2026 - present, Board of Governors, 2023 - 2025, former Co-Chair, Professional Responsibility Committee; former Co-Chair, Professional Guidance Committee

Languages:
Japanese
Reported Cases:
Significant Representative Matters: 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.
ISLN:
914861414

Peer Reviews

4.5/5.0 (20 reviews)
Martindale-Hubbell® AV Preeminent Rating Badge

  • Legal Knowledge

    4.5/5.0

  • Analytical Capability

    4.5/5.0

  • Judgment

    4.6/5.0

  • Communication

    4.4/5.0

  • Legal Experience

    4.3/5.0

  • 5.0/5.0 Rated by a Sole Practitioner on 09/22/14 in Professional Liability Defense

    I hold the highest regard for Mr. Byrne, his legal abilities and ethical standards. Thank you for asking me to participate in this review.

    Flag review

  • 5.0/5.0 Rated by a Managing Partner on 09/21/14 in Professional Malpractice

    Flag review

  • 5.0/5.0 Rated by a Principal on 09/08/14 in Legal Malpractice Defense

    I have had a number of cases against Josh. I have found him to be an excellent lawyer and have the greatest respect for him.

    Flag review

  • 5.0/5.0 Rated by a Member on 09/05/14 in Legal Malpractice Defense

    Flag review

  • 5.0/5.0 Rated by a Managing Partner on 06/22/10 in Civil Practice

    I would recommend him highly.

    Flag review

  • 5.0/5.0 Rated by a Managing Partner on 06/07/10 in Legal Malpractice Defense

    Flag review

  • 5.0/5.0 Rated by a Sole Practitioner on 06/06/10 in Civil Litigation

    Flag review

  • 5.0/5.0 Rated by a Associate on 06/06/10 in Torts

    Flag review

  • 4.8/5.0 Rated by a Partner on 09/05/14 in Professional Liability Defense

    Flag review

  • 4.6/5.0 Rated by a Member on 09/05/14 in Professional Liability Defense

    Focus in legal malpractice defense.

    Flag review
Peer reviews submitted prior to 2008 are not displayed.

Client Reviews Write a Review

Location

Contact Josh J.T. Byrne

Contact Information

Preferred contact method
reCAPTCHA is required Invalid reCAPTCHA
Clear all fields

By clicking on the "Submit" button, you agree to the Terms of Use, Supplemental Terms and Privacy Policy. You also consent to be contacted at the phone number you provided, including by autodials, text messages and/or pre-recorded calls, from Martindale and its affiliates and from or on behalf of attorneys you request or contact through this site. Consent is not a condition of purchase.

You should not send any sensitive or confidential information through this site. Emails sent through this site do not create an attorney-client relationship and may not be treated as privileged or confidential. The lawyer or law firm you are contacting is not required to, and may choose not to, accept you as a client. The Internet is not necessarily secure and emails sent though this site could be intercepted or read by third parties.