On Wednesday, November 2, 2022, the Presiding Disciplinary Judge of the Supreme Court of Arizona ordered the 60-day suspension of Phoenix attorney Brian K. Stanley based on the Agreement for Consent Discipline by Consent filed by the State Bar of Arizona and Stanley.

The case is styled as ‘In the Matter of a Member of the State Bar of Arizona, Brian K. Stanley’ and was brought by the State Bar of Arizona, under case nos. 21-2192, 21-2229, 21-2658 & pre-complaint file no. 22-17-09.

The charges cited  Rule 42, Arizona Rules of Professional Conduct 1.3 (diligence), 1.7(a) (conflict of interest), 3.1 (meritorious claims and contentions), 3.2 (expediting litigation), 3.4(a) (fairness to opposing party and counsel), and 8.4(d) (conduct prejudicial to the administration of justice).

The Arizona Rules of Professional Conduct can be found here.

According to the filing:

‘The Agreement sets forth detailed facts and circumstances regarding the admitted misconduct in each matter. The parties agree that Mr. Stanley violated duties owed to clients, the profession, the legal system, and the public, causing actual harm. They further stipulate that he knowingly violated certain ethical rules. However, the Agreement includes the following language–which was important to the PDJ in determining the adequacy of the agreed-upon sanctions: “During the litigation of the discipline proceedings, Respondent submitted writings and anticipated testimony contradicting the allegations that Respondent knowingly made misrepresentations to his clients or the court.” Knowing misrepresentations would likely trigger sanctions more severe than those set forth in the Agreement.’

On October 14, 2022, the State Bar of Arizona and Stanley filed an Agreement for Discipline by Consent, where Stanley agreed to accept 60 days of suspension and upon reinstatement shall be placed on two years of probation.

According to the Agreement for Discipline by Consent:

‘Respondent voluntarily waives the right to an adjudicatory hearing, unless otherwise ordered, and waives all motions, defenses, objections, or requests which have been made or raised, or could be asserted thereafter, if the conditional admission and proposed form of discipline is approved.’

With the foregoing facts and discussions, the presiding disciplinary judge accepted the Agreement for Discipline by Consent.

The Disposition reads:

“IT IS ORDERED that Brian K. Stanley, is suspended from the practice of law in Arizona for 60 days – effective 30 days from the date of this order — for his conduct in violation of the Arizona Rules of Professional Conduct, as outlined in the consent documents.”

Stanley was also placed on probation for two years with terms including LOMAP (full assessment), and to complete within 90 days the “Candor, Courtesy and Confidences” and “Ten Deadly Sins.” Stanley shall also comply with any and all final court rulings or orders, and shall commit no further violations of the Rules of Professional Conduct.

Costs and expenses in the amount of $1,209.70 were also assessed against Stanley and ordered to be paid within 30 days of the Judgment and Order.

According to his LinkedIn profile, Mr. Stanley is the owner of the Law Office of Brian K. Stanley, serving Phoenix, Arizona. He graduated from Cornell Law School in 1976. Graham has been admitted to practice in Arizona.

A copy of the original filing can be found here.