JBELANGER LAW PLLC

JBelanger Law PLLC

dba JB Law Arizona Legal Ethics

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About Me

James Belanger

I have been practicing law in Arizona for over 35 years. My practice mainly involved complex white collar, civil regulatory, and death penalty defense. I started defending lawyers against bar charges and bar complaints as part of my practice in 1999. Since then, I have represented and counselled over two-hundred lawyers, law firms, judges, and public lawyers and agencies in matters involving ethics and professional responsibility. I have also worked with and for ABSs, particularly regarding compliance and what it means for an ABS to be fit and proper. Until recently, this work was in addition to my white collar and capital defense practice. Now, however, Ethics and Professional Responsibility is the sole focus of my practice.

What follows are some recognitions I have been fortunate to receive over the years. The significance of them to me is that (1) they reflect the breadth and complexity of my practice, including legal ethics and professional responsibility, and (2) that my peers and clients consider me to be a very good and committed lawyer. I do not take either for granted.

James Belanger

– Professional Legal Services

AV® Preeminent™ Peer Review Rated by Martindale-Hubbell (5.0 out of 5.0);
Best Lawyers in America® 2007-present: Ethics and Professional Responsibility; White-Collar and Criminal Defense; Regulatory Litigation; Qui Tam Law (Civil Health Care Fraud and False Claims);
Best Lawyers® "Lawyer of the Year" 2022, 2024: Criminal Defense (Scottsdale)
Best Lawyers® "Lawyer of the Year" 2016: White Collar Criminal Defense (Phoenix)
Best Lawyers® "Lawyer of the Year" 2011, 2014, 2017: Criminal Defense (Phoenix);
Best Lawyers® "Lawyer of the Year" 2013: Litigation - Regulatory Enforcement (Phoenix)
Best Lawyers©/Best Law Firms© Lawyer Ethics and Professional Responsibility, Regulatory Litigation and Enforcement (defense), and White-Collar Criminal Defense.
Southwest Super Lawyers® 2007 - present (White Collar Criminal Defense)
Arizona Business Magazine® 2022 Top 100 Lawyers in Arizona
Southwest Super Lawyers® 2021 Top 50 Lawyers in Arizona

Our Services

What I Do

What follows is an overview of some common discipline and professional issues and topics that lawyers and law firms confront and that I address. There is much more substantive and procedural nuance and information that cannot be included here, but hopefully, this gives you a sense of the process.

Response to Bar Charges and Bar Complaints

First, a bar charge is not a bar complaint. A bar charge initiates an investigation of the lawyer’s conduct known as a screening investigation. A bar charge can also be made against an ABS. A screening investigation proceeds somewhat like the pre-charge phase of a white-collar criminal investigation except that a lawyer, now referred to as a Respondent, is required to cooperate with the Bar’s investigation. The lawyer receives written notice of the bar charge and the ethical rules at issue. The lawyer provides a written response and there is generally negotiation and exchange of information relevant to the charge. Depending on the nature and severity of the alleged misconduct, resolution can include dismissal of the bar charge with or without a comment, diversion (which is not discipline), or a consent agreement agreeing to an admonition, a reprimand, a short or long-term suspension, or disbarment.

Discipline Hearings

If the bar charge is not resolved, the Bar can seek a probable cause order from the Attorney Discipline Probable Cause Committee authorizing the filing of a formal complaint. If a formal complaint is filed, it unfolds much like a civil or administrative proceeding. There is a complaint, an answer, disclosure, joint pre-trial statements, and ultimately a hearing. There is also the opportunity for a settlement conference. The hearing itself must be held within 150 days of the filing of an Answer. Hearings may involve opening remarks, presentation of witnesses and documents, direct and cross examination, and closings. Hearings may also be held for lawyer reinstatement applications, disability proceedings, and matters of character and fitness.

Alternative Business Structures (“ABSs”)

An Alternative Business Structure or an “ABS” is a business entity that includes non-lawyers who have a material economic interest or decision-making authority in an entity that provides legal services, at least in part, and that is subject to the jurisdiction and to the Rules of the Arizona Supreme Court regarding the practice of law. To be a fit and proper ABS under the ACJA and Arizona’s Rules of Professional Conduct, an ABS must go through a rigorous application process, must have licensed Arizona lawyers to provide legal services, and must have an Arizona licensed compliance attorney.

Trust Account Issues

Trust accounting is not rocket science, but it requires robust attention to detail. In short, if a lawyer receives funds or property in which a client, a third party or entity has an interest, in whole or in part, the lawyer must segregate the funds in an IOLTA Trust Account and/or must otherwise segregate and safeguard the property. The lawyer must keep an accurate record (via a ledger or its equivalent) of the client funds or property such that the lawyer can provide a to the penny accounting of each client or third party's funds or property upon lawful request.

Ethics counseling

I have counseled and advised lawyers, law firms, judges, in-house counsel, public lawyers, and public agencies in a broad spectrum of ethics and issues involving professional conduct.

“Truth even unto its innermost parts.”

James Belanger

Professional Legal Services

Legal Practice Areas

– Defense of Bar Charges and Complaints

– Reinstatement, Character and Fitness, and Disability Proceedings

– ABS Consulting, Compliance, and Defense

– Ethics Counseling and Expert Witness Services

Testimonials

What Our Clients and Peers Say

“Jim, this keeps going over in my head. I have worked with and had on the other side over 40 attorneys. You are the best attorney I have ever worked with.”

- Former Client

“There are a lot of different ways one can approach the practice of law. I hold your approach in the highest regard and sincerely appreciate the opportunity to work alongside you.”

- Fellow lawyer.

“The thing is that prosecutors trust you. You have a reputation for thoughtfulness and integrity.”

- Fellow lawyer.

“Amazing work, sir. You really delivered.”

- Former Client Representative.

“What a tremendous relief. … I can’t even begin to thank you.”

- Former client.