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.]
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