Rule11-581. Sanctions.

(a) Scope.A disciplinary sanction is imposed on a Lawyer upon the Committee?s or thecourt?s finding that the Lawyer has engaged in professional misconduct.

(b) Delicensure. Delicensureterminates the individual?s status as a Lawyer. A Lawyer who has been delicensed may be relicensed.

(c) Suspension.Suspension removes a Lawyer from the practice of law for a specified minimumtime, generally six months or more. In no event should the time beforeapplication for reinstatement be more than three years.

(d) Interim suspension or interim discipline. Interim suspension temporarilysuspends a Lawyer from the practice of law. Interim suspension or interimdiscipline may be imposed as set forth in Rules 11-563 and 11-564.

(e) Reprimand.Reprimand is public discipline that declares the Lawyer?s conduct improper, butdoes not limit the Lawyer?s right to practice law.

(f) Admonition.Admonition is nonpublic discipline that declares the conduct of the Lawyerimproper, but does not limit the Lawyer?s right to practice law.

(g) Probation.Probation allows a Lawyer to practice law under specified conditions. Probationmay be public or nonpublic, imposed alone or in conjunction with othersanctions, and imposed as a condition of reinstatement or relicensure.

(1) Requirements. To be eligible forprobation, a Respondent must demonstrate that:

(A) the Respondent canperform legal services and the continued practice of law will not cause thecourts or the profession to fall into disrepute;

(B) the Respondent isunlikely to harm the public during probation;

(C) the necessaryconditions of probation can be adequatelysupervised;and

(D) the Respondent has not committedacts warranting delicensure.

(2) Conditions. Probationmay include the following conditions:

(A) no further violations of the Rules ofProfessional Conduct or Licensed Paralegal Practitioner Rules of ProfessionalConduct;

(B) restitution;

(C) assessment of costs;

(D) limitation on practice;

(E) requirement that the Lawyer pass the MultistateProfessional Responsibility Exam;

(F) requirement that the Lawyer takecontinuing legal education courses;

(G) mental health counseling andtreatment;

(H) abstinence from drugs and alcohol;

(I) medical evaluation and treatment;

(J) periodic reports to the court andthe OPC; and

(K) monitoring of all or part of Respondent?s workby a supervising attorney.

(3) Costs. The Respondent isresponsible for all costs of evaluation, treatment, and supervision. Failing topay these costs before probation terminates is a violation of probation.

(4) Terminating probation. ARespondent may terminate probation by filing with the district court andserving on the OPC an unsworn declaration stating that the Respondent has fullycomplied with the requirements of the probation order. The OPC may file anobjection and thereafter the court will conduct a hearing.

(5) Violations. If during the period ofprobation, the OPC receives information that any probation term has been violated,the OPC may file a motion specifying the alleged violation and seeking to havethe probation terminated. Upon filing such motion, the Respondent must have theopportunity to respond and a hearing will be held, at which time the court willdetermine whether to revoke probation.

(h) Diversion.Diversion is an alternative to a sanction if completed. Diversion allows aLawyer to practice law under specified conditions. Diversion may be public ornon-public.

(1) Rule 11-550 governs diversion matters before thematter is submitted to a screening panel.

(2) For an Action, the following criteria willdetermine the appropriateness of a diversion:

(A) The misconduct does not involve themisappropriation of funds or property; fraud, dishonesty, deceit or misrepresentation;or the commission of a misdemeanor adversely reflecting on the Lawyer?s fitnessto practice law or any felony;

(B) The misconduct appears to be the result ofinadequate law office management, chemical dependency, a physical or mentalhealth condition, negligence or lack of training, education or other similarcircumstance; and

(C) There appears to be a reasonable likelihood thatthe successful completion of a remedial program will prevent the recurrence ofconduct by the attorney similar to that under consideration for diversion.

(3) In addition to the above-required criteria of(A), (B) and (C), other considerations may include whether the misconduct is aone-time act or based on a physical or mental condition beyond the Respondent?scontrol and whether there is sufficient evidence connecting the condition tothe misconduct.

(4) Diversion determinations must include complianceconditions to address the misconduct and the time for completion.

(5) If the Lawyer completes the diversion conditions,the Action will be dismissed with prejudice.

(6) If the Lawyer does not complete the diversionconditions within the required time, the Lawyer will be subject to a suspensionof six months and a day.

(i) Resignation with discipline pending. Resignation with discipline pending isa form of public discipline that allows a Respondent to resign from thepractice of law while either a Complaint or Action is pending against theRespondent. Resignation with discipline pending may be imposed as set forth in Rule11-566.

(j) Other sanctions and remedies. Other sanctions and remedies that a court mayimpose include:

(1) restitution;

(2) assessment of costs;

(3) limitation upon practice;

(4) appointment of a receiver;

(5) a requirement that the Lawyer take the BarExamination or professional responsibility examination; and

(6) a requirement that the Lawyer attendcontinuing education courses.

(k) Reciprocal discipline. Reciprocal discipline is imposing a disciplinarysanction on a Lawyer who has been disciplined in another court, anotherjurisdiction, or a regulatory body having disciplinary jurisdiction.

EffectiveDecember 15, 2020