For nearly the entirety of his legal career, Brian’s practice has emphasized the defense of professionals, particularly lawyers, in malpractice actions, disciplinary actions, and fee disputes. He has tried numerous legal malpractice jury trials, bench trials, and State Bar discipline hearings. He has tried State Bar fee disputes. Brian has also tried many other kinds of legal matters, including personal injury lawsuits, construction contract disputes, auto dealer claims, and even an election contest. Brian also has extensive appellate experience. He has briefed and argued approximately 50 appeals in the Arizona Court of Appeals, Arizona Supreme Court and the Ninth Circuit.
- University of Arizona College of Law, with distinction J.D., 1983
- University of Arizona, B.S., 1980
- District of Arizona,1983
- Ninth Circuit, 1984
Brian has obtained defense verdicts in more than one legal malpractice jury trial. In those cases in which the plaintiff obtained a verdict, the amount of the verdict was lower than the plaintiff’s pre-trial demand. In one trial, the jury awarded his lawyer-client the entirety of the lawyer’s unpaid fees. Brian has obtained directed verdicts in several more cases, including one in which the plaintiff claimed $30 million in damages. Brian has been equally successful in Bar discipline. In two different cases, he persuaded a hearing officer to impose discipline significantly lower than the disbarment sought by the Bar. And he has successfully defended several lawyers against sanctions motion. In one case, he successfully represented a young lawyer, pro bono, in securing the reversal on appeal of a $250,000 sanction award.
Brian has lectured on professional liability and ethics on numerous occasions for seminars put on by the State Bar of Arizona, Maricopa County Bar, National Business Institute, ABPLA, and at a national legal malpractice symposium.