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Sunday, May 26, 2024

James Alfred Stanley

A law firm website in Jacksonville is currently returning an "under construction" page. The Florida Supreme Court ordered attorney James Alfred Stanley ordered attorney James Alfred Stanley to stop accepting new clients in April. He is to stop practicing law while an investigation is ongoing. The Court appointed a referee to oversee that investigative process.

They say that once something is on the Internet, it lasts forever. That is perhaps an overstatement. However, a popular archive system called the Wayback machine does have what it represents are archives of the law firm's website. The material includes pictures of the firm attorneys, "Al and Steve." The other attorney is perhaps Steven Myers of Maitland.

According to the archived. Mr. Stanley graduated from Florida State University in 1981 and earned his Juris Doctor at FSU in 1988. He was admitted to The Florida Bar in 1989, so he has been practicing law for about 35 years. The website in the archive notes that he was "Trained By The Enemy – Built To Compete." There are various representations about various situations and cases in which he represented injured workers and others.

However, he is now accused of "stealing money from his clients' settlements," according to First Coast News. It wrote of the Florida Supreme Court order in early May 2024, noting the Court's conclusion that Mr. Stanley might be a risk of "immediate and serious harm to clients or the public." It is, unfortunately, not the first post in this blog about such allegations, and there have been some attorneys over the years who have seen such allegations end a legal career.

By all appearances, Mr. Stanley has been in trouble before. His arrest in 2019 made Newsweek. His notoriety was not because of some horrific outcome, but because he was arrested for driving under the influence in affluent Ponte Vedra Beach, Florida. He allegedly had a bottle of rum in his lap at that time. Unfortunately, there is little newsworthy in those details. Too many people take to the streets daily with similar circumstances. 

However, Newsweek reported that Mr. Stanley had some colorful words with the deputies during his traffic stop. He reportedly blamed his condition on a divorce and "was unable to walk properly and refused to comply with police sobriety tests." He then explained being a lawyer and suggested to the arresting officer that he was intellectually superior as a lawyer. He then, essentially, demanded to be arrested.

No follow-up to that arrest has been found. It is not clear whether there was a trial or a conviction. Perhaps that arrest was all a misunderstanding. 

In seeking Mr. Stanley's suspension, in an April 2024 petition, The Florida Bar alleged that a bank contacted the bar in October 2023 to describe that a trust account was overdrawn. That account was allegedly in the name of "Meyers, Mooney, Meyers, Stanley & Hollingsworth." Some may find curiosity in that name when the web archives indicate the firm in this instance was Myers and Standey.

The bar explained that it began an investigation regarding the overdrawn account and was assured that the problem was merely "a clerical error," resulting in the issuance of duplicate checks. There are a variety of reasons that such an error could occur. After all, to err is human. Everyone makes mistakes. The bar followed with an audit to ensure appropriate accounting for the money held in trust. It asked the lawyer for various bank records but says they were not provided.

Next came a subpoena for records, which was also not fully complied with. The investigation continued with a review of the bank records provided by the bank itself, and an auditor "calculated a shortage in the trust account ranging from at least $30,131.46 to at least $107,630.00" over a period of months.

The bar noted examples of curiosity. One client was alleged to have settled a case for $110,000 but was paid only $4,000 from the trust account. Another was alleged to have settled for $70,000 but was paid only $370.00 from that account. However, other payments to at least one client were found from a separate account. The bar alleges that the bookkeeping activity is not compliant with the Rules Regulating The Florida Bar.

It is yet another reminder of two critical points. First, the practice of law can be a position of great pressure and challenge. Any lawyer who finds themselves being arrested might find it a good opportunity to reassess and perhaps seek help. If that situation insinuates or involves alcohol or other substances, the wake-up call might also prompt seeking the help of Florida Lawyer's Assistance or similar.

Second, when the bar sends a letter asking for documentation from an attorney the best course would be to provide the documents. As the bar demonstrated here, the lawyer's failure to submit records will slow but not stop an inquiry. The bank is likely to provide documents (to comply with a subpoena) even if an account holder does not. And auditors, accountants, and investigators tend to be somewhat relentless.

Third, attention to bank practices is essential for all lawyers. It is more important still for those who handle money that belongs to other people. The idea of trust accounts, and segregation of such monies is drilled into every lawyer. Without quoting statistics. trust account disputes are said to consistently be in the top three lawyer discipline issues. Trust accounting is an easy way to find trouble, whether through action or inattention.

It is also critical to remember that the bar is no more perfect than anyone else. These are presently allegations and have not been proven. Everyone is entitled to their day in court, and the presumption will always be that one is innocent. That said, a lawyer's website is now "under construction," the Supreme Court has ordered him to stop practicing, and there are allegations to answer. The impact of poor record keeping, by the most innocent, can have significant impacts. 

The outcome to date is too familiar. The potential for harm to clients is too familiar. It reminds us that lawyers are in a position of great trust in this society. Their responsibilities run deep, and they have many rules to understand and follow. They are under pressure, which at times may be extreme. And, critically, there are many tools, mentors, and other outlets for advice, assistance, and relief. The lawyer, however, has to be ready and willing to seek such help.

As weeks and months pass, there will be more on this story. It may be of exoneration or not. In any event, there are lessons and reminders here for every lawyer.