(a) Contract requirements.
(1) If the Respondent agrees or elects to participate in diversion, the terms of the diversion must be set forth in a written contract. The contract will be between the Respondent and the OPC.
(2) The OPC must monitor and supervise the conditions of diversion and the terms of the diversion contract.
(3) The contract must specify the program(s) to which the attorney will be diverted, the general purpose of the diversion, the manner in which compliance is to be monitored, and any requirement for payment of restitution or cost.
(4) The Respondent will bear the burden of drafting and submitting the proposed diversion contract. Respondent may use counsel to assist in the negotiation phase of diversion. Respondent may also request that the OPC draft the proposed diversion contract.
(5) Respondent may also use benefits programs provided by the Bar, such as a lawyer or licensed paralegal practitioner assistance program to assist in developing terms and conditions for the diversion contract appropriate to that Respondentís particular situation. Use of a lawyer or licensed paralegal practitioner assistance program to assess appropriate conditions for diversion will not conflict that entity from providing services under the contract.
(6) The terms of each contract must be specifically tailored to the Respondentís individual circumstances. The contract is confidential and its terms may not be disclosed to anyone other than the parties to the contract.
(b) Contract terms. All diversion contracts must contain at least:
(1) the signatures of respondent, Respondentís counsel (if any), and the OPC;
(2) the terms and conditions of the plan for Respondent and, the identity, if appropriate, of any service provider, mentor, monitor and/or supervisor and that individualís specific responsibilities. If Respondent uses a professional or service, and it is necessary to disclose confidential information, Respondent must sign a limited conditional waiver of confidentiality permitting the professional or service to make the necessary disclosures for the Respondent to fulfill the Respondentís duties under the contract;
(3) the necessary terms providing for oversight of fulfilling the contract terms, including provisions for those involved to report any alleged breach of the contract to the OPC;
(4) the necessary terms providing that Respondent will pay all costs incurred in connection with the contract and those costs further specified under Rule 11-555 and any costs associated with the Complaints to be deferred; and
(5) a specific acknowledgement that a material violation of a contract term renders the Respondentís participation in diversion voidable by the OPC.
(c) Amendments. The contract may be amended if the Respondent and the OPC agree.
(d) Status of complaint. After a diversion contract is executed by the Respondent, the Complaint is deferred pending successful completion of the contract.
Effective December 15, 2020