ELC 6.3
                    FACTORS FOR DIVERSION


Disciplinary counsel considers the following factors in
determining whether to refer a respondent lawyer to
diversion:

     (A) whether the presumptive sanction under the ABA
         Standards for Imposing Lawyer Sanctions for the
         violations raised by the grievance or grievances is
         likely to be no more severe than reprimand or
         admonition;

     (B) whether participation in diversion is likely to
         improve the respondent’s future professional
         conduct and accomplish the goals of lawyer
         discipline;

     (C) whether aggravating or mitigating factors exist;
         and

     (D) whether diversion was already tried.


[Adopted effective October 1, 2002.]