ELC 6.5
                     DIVERSION CONTRACT


(a) Negotiation.  Disciplinary counsel and the respondent
lawyer negotiate a diversion contract, the terms of which
are tailored to the individual circumstances.

(b) Required Terms.  A diversion contract must:

  (1) be signed by the respondent and disciplinary
     counsel;

  (2) set forth the terms and conditions of the plan for
     the respondent and, if appropriate, identify the use of
     a practice monitor and/or a recovery monitor and the
     monitor’s responsibilities.  If a recovery monitor is
     assigned, the contract must include respondent’s
     limited waiver of confidentiality permitting the
     recovery monitor to make appropriate disclosures to
     fulfill the monitor’s duties under the contract;

  (3) provide for oversight of fulfillment of the
     contract terms.  Oversight includes reporting any
     alleged breach of the contract to disciplinary counsel;

  (4) provide that the respondent will pay all costs
     incurred in connection with the contract.  The contract
     may also provide that the respondent will pay the costs
     associated with the grievances to be deferred; and

  (5) include a specific acknowledgment that a material
     violation of a term of the contract renders the
     respondent’s participation in diversion voidable by
     disciplinary counsel.

(c) Amendment.  The contract may be amended on agreement of
the respondent and disciplinary counsel.


[Adopted effective October 1, 2002.]