(a) Contract requirements.
(1) If the Respondent agrees or elects to participate indiversion, 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 diversionand the terms of the diversion contract.
(3) The contract must specify the program(s) to which the attorneywill be diverted, the general purpose of the diversion, the manner in whichcompliance is to be monitored, and any requirement for payment of restitutionor cost.
(4) The Respondent will bear the burden of drafting andsubmitting the proposed diversion contract. Respondent may use counsel toassist in the negotiation phase of diversion. Respondent may also request thatthe 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 toassist in developing terms and conditions for the diversion contractappropriate to that Respondent?s particular situation. Use of a lawyer orlicensed paralegal practitioner assistance program to assess appropriateconditions for diversion will not conflict that entity from providing servicesunder the contract.
(6) The terms of each contract must be specifically tailored tothe Respondent?s individual circumstances. The contract is confidential and itsterms may not be disclosed to anyone other than the parties to the contract.
(b) Contract terms. Alldiversion contracts must contain at least:
(1) the signatures of respondent, Respondent?s counsel(if any), and the OPC;
(2) the terms and conditions of the plan for Respondent and, theidentity, if appropriate, of any service provider, mentor, monitor and/orsupervisor and that individual?s specific responsibilities. If Respondent usesa professional or service, and it is necessary to disclose confidentialinformation, Respondent must sign a limited conditional waiver ofconfidentiality permitting the professional or service to make the necessarydisclosures for the Respondent to fulfill the Respondent?s duties under thecontract;
(3) the necessary terms providing for oversight of fulfilling thecontract terms, including provisions for those involved to report any allegedbreach of the contract to the OPC;
(4) the necessary terms providing that Respondent will pay allcosts incurred in connection with the contract and those costs furtherspecified under Rule 11-555 and any costs associated with the Complaints to bedeferred; and
(5) a specific acknowledgement that a material violationof a contract term renders the Respondent?s participation in diversion voidableby the OPC.
(c) Amendments. Thecontract may be amended if the Respondent and the OPC agree.
(d) Status of complaint. After a diversion contract isexecuted by the Respondent, the Complaint is deferred pending successfulcompletion of the contract.