Factors for Diversion

ELC 6.3 FACTORS FOR DIVERSION Disciplinary counsel considers the following factors in determining whether to refer a respondent lawyer to diversion: (A) whether the presumptive sanction under the ABA Standards for Imposing Lawyer Sanctions for the violations raised by the grievance or grievances is likely to be no more severe than reprimand or admonition; (B) whether participation in diversion is likely to improve the respondent’s future professional conduct and accomplish the goals of lawyer discipline; (C) whether aggravating or mitigating factors exist; and (D) whether diversion was already tried. [Adopted effective October 1, 2002.]