About Brian Fahling

Legal Background

Mr. Fahling has deep experience in many areas of the law. He has represented clients in cases involving complex civil and constitutional tort litigation, civil conspiracy and legal malpractice, and defense of private corporations and municipalities. In addition to his legal practice, Mr. Fahling also serves as a judge pro tem and commissioner pro tem for Snohomish County Superior Court. After serving five years as a deputy prosecuting attorney with the Snohomish County Prosecutor’s Office he went on to a national litigation and appellate practice for 14 years. Mr. Fahling is admitted to the United States Supreme Court, twelve U.S. Circuit Courts of Appeal, nine federal district courts and he has been admitted pro hac vice to many other federal and state courts across the nation.

Mr. Fahling has been lead counsel in more than three hundred trials and appeals. He was lead counsel in the successful defense of several corporations in a $300 million dollar lawsuit and he has represented United States senators and congressmen, and the states of Mississippi and Alabama, in amicus briefs to the United States Supreme Court. He has taught trial and appellate practice courses nationally and internationally.

Admitted to Practice

  • United States Supreme Court
  • 1st, 2nd, 3rd, 4th, 5th, 6th, 7th, 8th, 9th, 10th, 11th and DC U.S. Circuit Courts of Appeal
  • U.S. District Court for Western District of Washington
  • U.S. District Court for Eastern, Western and Northern Districts of Texas
  • U.S. District Court for Colorado
  • U.S. District Court for Arizona
  • U.S. District Court for Central District of Illinois
  • U.S. District Court for Eastern and Western Districts of Wisconsin
  • Washington

» Representative Cases


Mr. Fahling was born in Taipei, Taiwan, lived in Germany for five years and then moved to Jackson Hole, Wyoming where he spent his winters skiing the slopes of Jackson Hole Ski Resort. His wife, Suzie (Vaux), was born and raised in Kirkland. They have seven boys and one girl.

Presentations (partial listing)

Mr. Fahling is a sought-after speaker, writer and media commentator on constitutional and other legal issues.

  • Artistry & Advocacy in Litigation: Creating a Fresco, not a Fiasco, Webinar sponsored by WSBA.
  • The Changing Status of Privacy Rights, University of Richmond School of Law, Panelist.
  • Separation of Church and State: Myths and Truths, Southeastern Oklahoma State University, Lecture.
  • Section 1988 Fee Recovery in Section 1983 Litigation, National Litigation Academy, Maui, Hawaii, Lecture.
  • The Jurisprudence of Chief Justice John Marshall, Blackstone Fellowship, Scottsdale, Arizona, Lecture.
  • Constitutionality of Filtering the Internet in Public Schools and Libraries, Testimony before Pennsylvania House Judiciary Subcommittee.
  • Home Run Motions and Keys to Effective Oral Argument, National Litigation Academy, Cancun, Mexico, Lecture.
  • Motions Practice in Section 1983 Litigation, National Litigation Academy, San Juan, Puerto Rico, Lecture.

Media Experience

Guest Commentator: CBS, CNN, FNC, MSNBC, BBC, NPR, Voice of America, local/regional television and radio stations, and guest columns in major newspapers.