Joseph A. Brophy
Joseph A. Brophy
Joseph Brophy is a commercial litigator whose practice areas include complex business disputes, creditors’ rights, surety and fidelity law, bankruptcy, construction law, appellate and insurance defense. He represents individuals, businesses and institutional creditors, as well as sureties and contractors in state, federal and bankruptcy court actions, as well as in arbitrations and administrative hearings.
Joe joined the firm in February 2009 and became a partner in 2014.
Bar Admissions
Arizona
New Mexico
Education
University of San Diego School of Law, J.D., cum laude, Order of the Coif (2008)
University of San Diego, B.A., (2000)
Professional Associations & Memberships
State Bar of Arizona, Member
- Ethics Advisory Group, Member
- Construction Law Section, Executive Council (2018-Present)
- Budget Officer (2022-2023)
- Secretary (2021-2022)
- Member-at-Large (2018-2019)
American Bar Association, Member
- Tort Trial & Insurance Practice Section, Fidelity & Surety Law Committee, Member (January 2013-Present)
- Business Law Section, Young Lawyers Uniform Commercial Code Subcommittee, Chair (September 2016-Present)
Surety Association of Arizona, Member (February 2015-Present)
Arizona Center for Civic Leadership
- Flinn-Brown Civic Leadership Academy, Fellow (2016)
Arizona Association of Defense Counsel, Member
Published Works
- Author, “Q&A Lawyer Liability and Ethics: Debate Over Regulation of Lawyer Speech Continues” legal ethics column for the Maricopa Lawyer (August 2024)
- Author, “Q&A Lawyer Liability and Ethics: What’s the Matter with California?” legal ethics column for the Maricopa Lawyer (June 2024)
- Author, “Q&A Lawyer Liability and Ethics: Rule 8.4(g) Upheld” legal ethics column for the Maricopa Lawyer (April 2024)
- Author, “Q&A Lawyer Liability and Ethics: Fani’s Fling” legal ethics column for the Maricopa Lawyer (March 2024)
- Author, “Q&A Lawyer Liability and Ethics: Florida and California Weigh In on AI” legal ethics column for the Maricopa Lawyer (February 2024)
- Author, “Q&A Lawyer Liability and Ethics: ChatGPT Claims Another Victim” legal ethics column for the Maricopa Lawyer (January 2024)
- Author, “Q&A Lawyer Liability and Ethics: California Judge Defends Lawyer Speech” legal ethics column for the Maricopa Lawyer (December 2023)
- Author, “Q&A Lawyer Liability and Ethics: ABA Bends the Knee and Amends ER 1.16” legal ethics column for the Maricopa Lawyer (October 2023)
- Author, “Q&A Lawyer Liability and Ethics: Skynet Smiles — The Courts Start to Address AI” legal ethics column for the Maricopa Lawyer (August 2023)
- Author, “Q&A Lawyer Liability and Ethics: Dispute Among Federal Circuit Judges Highlights Issues With Aging” legal ethics column for the Maricopa Lawyer (July 2023)
- Author, “Q&A Lawyer Liability and Ethics: California Scheming” legal ethics column for the Maricopa Lawyer (May 2023)
- Author, “Q&A Lawyer Liability and Ethics: New Mexico Adopts Objective Standard for ER 8.2” legal ethics column for the Maricopa Lawyer (April 2023)
- Author, “Q&A Lawyer Liability and Ethics: Prosecutors Do Not Have Higher Ethical Standards for Personal Conduct” legal ethics column for the Maricopa Lawyer (March 2023)
- Author, “Q&A Lawyer Liability and Ethics: Kansas Supreme Court Skeptical About Discipline for Golf Cart Accident” legal ethics column for the Maricopa Lawyer (February 2023)
- Author, “Q&A Lawyer Liability and Ethics: Court Declines to Impose Reciprocal Discipline” legal ethics column for the Maricopa Lawyer (January 2023)
- Author, “Q&A Lawyer Liability and Ethics: California Not Ready for Alternative Legal Structures” legal ethics column for the Maricopa Lawyer (December 2022)
- Author, “Q&A Lawyer Liability and Ethics: 2020 Election Case Explores Boundaries of Rule 11” legal ethics column for the Maricopa Lawyer (November 2022)
- Author, “Q&A Lawyer Liability and Ethics: Skunks, Lawyers, and Videotape” legal ethics column for the Maricopa Lawyer (October 2022)
- Author, “Q&A Lawyer Liability and Ethics: Resolution From the ABA Implicitly Criticizes Arizona’s Ethical Rules” legal ethics column for the Maricopa Lawyer (September 2022)
- Author, “Q&A Lawyer Liability and Ethics: Litigation Privilege Provides Tort Immunity for False Statements to Court” legal ethics column for the Maricopa Lawyer (August 2022)
- Author, “Q&A Lawyer Liability and Ethics: Movement Underway to Allow Lawyers to Practice in Any State” legal ethics column for the Maricopa Lawyer (July 2022)
- Author, “Q&A Lawyer Liability and Ethics: Keep Your Opinions to Yourself — Court Splits Over Limits of ER 8.2” legal ethics column for the Maricopa Lawyer (June 2022)
- Author, “Q&A Lawyer Liability and Ethics: From Russia with Love — Lawyer Beats Conflict of Interest Charge” legal ethics column for the Maricopa Lawyer (May 2022)
- Author, “Q&A Lawyer Liability and Ethics: Dispute Over Payment of Sanctions Reveals Ambiguity in ER 1.8” legal ethics column for the Maricopa Lawyer (April 2022)
- Author, “Q&A Lawyer Liability and Ethics: Court Admonished Over Revocation of Pro Hac Vice Application” legal ethics column for the Maricopa Lawyer (March 2022)
- Author, “Here is What You Can Do With Your Negative Review” legal ethics column for the Maricopa Lawyer (February 2022)
- Author, “9th Circuit Weighs In on Dual Purpose Attorney Client Communications” legal ethics column for the Maricopa Lawyer (January 2022)
- Author, “The Ethics of Facebook Cont’d: Murder Edition” legal ethics column for the Maricopa Lawyer (December 2021)
- Author, “Regarding Rudy” legal ethics column for the Maricopa Lawyer (October 2021)
- Author, “Truth in Advertising” legal ethics column for the Maricopa Lawyer (September 2021)
- Author, “Judge’s Attendance at Protests or Rallies is Problematic” legal ethics column for the Maricopa Lawyer (July 2021)
- Author, “Reply All” (Part 2) legal ethics column for the Maricopa Lawyer (June 2021)
- Author, “ABA Provides Guidance on Material Adversity and Former Clients” legal ethics column or the Maricopa Lawyer (March 2021)
- Author, “ABA Rule 8.4(g) Struck Down by Federal Court” legal ethics column for the Maricopa Lawyer (January 2021)
Honors & Awards
- Selected for inclusion in The Best Lawyers in America® Ones to Watch (2022 – 2023)
- Named to the Southwest Super Lawyers list (2019–2020)
- Recognized as Southwest Super Lawyers Rising Star (2012–2018)
Community Involvement
Madison Education Foundation, Executive Board Member and Secretary (September 2014–Present)
Veterans of Foreign Wars, Member
Veterans Heritage Project, Board Member (July 2017–Present)
Arizona Veterans’ Advisory Commission, Commissioner (2016–2019)
University of San Diego Torero Club, Member (October 2012–Present)
Classes & Seminars
- Co-Presenter, “Apologies from Arizona: Thirty Years after Dodge,” Western States Surety Conference (April 2019)
- Co-Author and Speaker, “Competing Rights and Claims to Construction Contract Proceeds and Other Collateral,” ABA Business Law Section Annual Meeting (2017)
- Speaker, “Preventing Business Contract Disputes,” National Business Institute (June 2016)
- Speaker, “Construction Law: What Do You Do When…..?” National Business Institute (May 2016)
- Speaker, “Meet My New Friend: The Uniform Voidable Transaction Act,” Western States Surety Conference, Seattle, Washington (May 2016)
- Speaker, “Construction Defects: A Step-by-Step Guide to Unravelling Claims,” National Business Institute (July 2015)
- Speaker, “Arizona’s Daubert Rule 702,” Arizona Association of Defense Counsel (March 2015)
- Speaker, “Don’t Treat Me Bad: Dealing with Principal and Indemnitor Fraud,” Western States Surety Conference, Seattle, Washington (May 2014)
- Paper Presented, “Salvage: Getting to the Principal’s Tax Refunds,” Western States Surety Conference, Seattle, Washington (May 2010)