On Wednesday, February 1, 2023, the Presiding Disciplinary Judge of the Supreme Court of Arizona reinstated attorney Brian K. Stanley. The case is entitled “In the matter of Brian K. Stanley ” with case no. 2023-9007-R.

The charges cited Arizona Rules of Professional Conduct Rule 42, ER 1.3, 1.7(a), 3.1, 3.2, 3.4(a), and 8.4(d). 

On a Final Judgement and Order dated November 2, 2022, the respondent was suspended from the practice of law for violation of the Arizona Rules of Professional Conduct. Allegedly, the respondent knowingly made misrepresentations to his clients and the court.

The filing states;

“On July 15, 2021, the Bankruptcy Court held a hearing on the second Motion for Sanctions. At that hearing, Respondent inaccurately stated that the Trustee had filed a motion for sanctions in the District Court case subsequently to filing the motion to dismiss in the District Court and that motion for sanctions “was not successful”. When the allegations were denied by Anderson, the Bankruptcy Court directed Anderson to file a motion for sanctions against the Respondent for making a false statement to the Court. Respondent then asked the Bankruptcy Court if he was likewise directed to file a motion for sanctions against Anderson for asserting that there was not a motion sanction filed in the District Court case.”

The filing continues:

“On October 2, 2020, Anderson, on behalf of Mason, filed a second Motion for Sanctions in the Bankruptcy case against the Holbrooks and Respondent, jointly and severally, as well as a Motion to Disqualify Respondent from all of his representations in the Bankruptcy case.

The motion alleges, among other things, that: “It was reckless of Mrs. Holbrook, through Mr. Stanley, to file a lawsuit against the Trustee when it unambiguously lacked legal support thereby making it a frivolous lawsuit against the Trustee; however, the ‘bad faith’ was cemented further when Mr. Stanley was informed that the Barton Doctrine barred Mrs. 17 Holbrook’s Complaint, and was advised that sanctions would be sought against Mrs. Holbrook if the Complaint was not withdrawn, and still Mr. Stanley and Mrs. Holbrook proceeded with the lawsuit…Based upon the bad faith, or conduct tantamount to bad faith, exhibited by Mrs. Holbrook and Mr. Stanley in their dogged pursuit of a lawsuit against the Trustee that was unjustified and frivolous, there are more than sufficient grounds to support an award of sanctions to the Trustee and against the Holbrooks and Mr. Stanley, jointly and severally.”

The filing additionally states:

“On August 21, 2020, Anderson, on behalf of Mason, filed a Motion for Sanctions in the Bankruptcy Court case against the Holbrooks and Respondent, jointly and severally, alleging that the bankruptcy petition and related documents were dishonest and contained a misrepresentation. The motion also alleged that the Holbrooks’ and Respondent’s actions were an abuse of the bankruptcy system and an attempt to improperly frustrate BCB Contracting’s creditors by avoiding compliance with the Maricopa County Superior Court writs of the subpoena.”

Consistent with the agreement for discipline by consent, factual allegations, and the rules of professional conduct, the respondent then was suspended by the Court. Thus, a Petition for Reinstatement was submitted before the Supreme Court of Arizona. In the Order of Reinstatement issued by the court, it stated that the state has advised that it has no objection to Mr. Stanley’s reinstatement.

The Disposition states:

“IT IS ORDERED reinstating Brian K. Stanley, Bar No. 0 04619, to the active practice of law in Arizona, effective February 1, 2023. Mr. Stanley is subject to the terms of probation set forth in the Final Judgment and Order filed November 2, 2022, in PDJ 2022 – 9039.”

Mr. Stanley attended Cornell University, graduating in 1976. He practices in Phoenix, Arizona. He is licensed in Arizona with license no. 004619. Mr. Stanley’s info can be found on Linkedin.

A copy of the original filing can be found here.