The Tampa attorney facing criminal charges after firing gunshots in a domestic dispute will likely face disciplinary action from the Florida bar if convicted.
James Lewis Wilkes II, 72, was arrested and charged with aggravated assault with a deadly weapon, a felony, and misdemeanor battery last month.
“He will definitely face disciplinary actions from the Florida bar, which could result in various disciplinary sanctions, which could include suspension or possible disbarment,” said James Phillips, a Lake Mary firearm attorney and partner of Katz & Phillips law firm. “The other states in which Mr. Wilkes is licensed to practice law could also seek disciplinary actions against him.”
Phillips
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The renowned trial attorney’s website states he is admitted to practice law in nine other states including California, Pennsylvania, Tennessee, and Texas.
Wilkes is known for successfully suing nursing homes.
“Although it does not appear that Mr. Wilkes has any criminal law experience, I am surprised that such an accomplished and experienced attorney would allow a situation to escalate to the point of firing two shots in the manner he allegedly did,” Phillips told the Florida Record.
Wilkes allegedly shot bullets into a bed and the bathroom wall of a residence he shares with a woman who reportedly hit Wilkes in the head during an argument, according to media reports.
As previously reported in the Tampa Bay Times, the woman involved in the dispute was not arrested but the Hillsborough State Attorney’s Office is expected to review potential charges of battery on a senior citizen against her.
“This situation could have been avoided if he would have just removed himself from the home after he was initially hit by the unnamed woman,” Phillips said in an interview. "The only reason this case is making media headlines is because of the notoriety of Mr. Wilkes."
In 2004, the National Law Journal’s 2nd annual Plaintiffs' Hot List included Wilkes & McHugh in its top 20 U.S. law firms.
Wilkes’ website, YourCaseMatters.com, boasts of $1.5 billion gained in jury verdicts and hundreds of millions gained in out-of-court settlements.
He has since posted a $1,000 bail and was released.
"Sometimes it is better to walk away from the fight and as an attorney that is not always easy to do," Phillips added. "This case also serves as a good reminder that although you may be an expert in a specific area of the law there is a lot in the law that you probably don’t know. If Mr. Wilkes had been familiar with the laws in Florida surrounding the justifiable use of force, he wouldn’t have fired two warning shots to stop a verbal altercation."