(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
(2) Conditions. Probationmay include the following conditions:
(A) no further violations of the Rules ofProfessional Conduct or Licensed Paralegal Practitioner Rules of ProfessionalConduct;
(E) requirement that the Lawyer pass the MultistateProfessional Responsibility Exam;
(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.
(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.
(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.