Referral to Diversion

ELC 6.1 REFERRAL TO DIVERSION In a matter involving less serious misconduct as defined in rule 6.2, within 60 days of service of a formal complaint, disciplinary counsel may refer a respondent lawyer to diversion. Diversion may include  fee arbitration;  arbitration;  mediation;  law office management assistance;  lawyer assistance programs;  psychological and behavioral counseling;  monitoring;  restitution;  continuing legal education programs; or  any other program or corrective course of action agreed to by disciplinary counsel and respondent to address respondent’s misconduct. Disciplinary counsel may negotiate and execute diversion contracts, monitor and determine compliance with the terms of diversion contracts, and determine fulfillment or any material breach of diversion contracts, subject to review under rule 6.9. [Adopted effective October 1, 2002; Amended effective January 1, 2014.]