On Tuesday, September 27, 2022, the Supreme Court of the State of Louisiana ruled on the formal charges for attorney discipline against Lafayette attorney Bert James Bellaire.
The case, titled In Re: Bert James Bellaire, was brought by the Office of Disciplinary Counsel (“ODC”), case no. 2022-B-01084.
The charges cite Bellaire’s violation of Rules 1.7(a), 1.9(a), 8.1(b), and 8.1(c) of the Rules of Professional Conduct.
The Louisiana Rules of Professional Conduct can be found here.
In July 2021, the ODC filed formal charges against respondent alleging conduct involving a conflict of interest with current clients; violation of duties to former clients; failing to respond to a lawful demand for information from disciplinary authorities; and failure to cooperate with the ODC in its investigation.
On March 2022, the hearing committee conducted a hearing on the formal charges where the parties introduced documentary evidence. The ODC called complainants Mr. and Mrs. Hanks to testify before the hearing committee. Respondent testified on his own behalf.
According to the filing:
“Respondent testified that in hindsight, he made a mistake by not getting Mr.Hanks and Mr. Broussard to sign a conflict waiver, and that “in the strictest application of the law,” he probably did violate the Rules of Professional Conduct. He testified that he now realizes he “could not be a go-between.” It was clear to the committee that respondent had no ill intent and was attempting to help the parties by trying “to facilitate something between two of [his] friends.” Nevertheless, the committee did not find that respondent was remorseful for his conduct, as he did not acknowledge wrongdoing until he was forced to do so.”
The filing continues:
“Respondent explained that he failed to cooperate with the ODC out of “fear,” “poor decision making,” and “avoidance.” He also testified that between 2018 and 2020, he “had a lot going on, personally and professionally,” including his wife’s miscarriage, the death of his father, obligations associated with taking one of Mr.Broussard’s companies public, and having to lay off hundreds of employees during the COVID-19 pandemic.”
The committee determined that respondent violated the above-mentioned rules.
The Committee recommended that respondent be suspended from the practice of law for six months, with all but ninety days deferred, with the condition that any misconduct during the period of deferral should result in the deferred suspension. The committee also recommended that respondent be assessed with the costs and expenses of the proceedings.
Neither respondent nor the ODC filed an objection to the hearing committee’s report.
Accordingly, the Louisiana Supreme Court, after its independent review of the record, accepted the hearing committee’s recommendation.
The Order reads:
“Upon review of the findings and recommendations of the hearing committee, and considering the record, it is ordered that Bart James Bellaire, Louisiana Bar Roll number 27957, be and he hereby is suspended from the practice of law for six months, with all but ninety days deferred. Any misconduct during the period of deferral may be grounds for making the deferred portion of the suspension executory or imposing additional discipline, as appropriate. All costs and expenses in the matter are assessed against respondent in accordance with Supreme Court Rule XIX,§ 10.1, with legal interest to commence thirty days from the date of finality of this court’s judgment until paid.”
Mr. Bart James Bellaire has practiced in Lafayette, Louisiana and he has been licensed in Louisiana, license no. 27957. His info can be found on Avvo.
A copy of the original filing can be found here.
