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Rule 11-551. Circumstanceswarranting diversion.

?(a) Prohibitedmisconduct. Conduct may only be considered less serious misconductwarranting diversion if it does not result in a suspension or delicensure. Conduct is not ordinarily considered less seriousmisconduct if any of the following considerations apply:

(1) the misconduct involves the misappropriation of clientfunds;

(2) the misconduct results inor is likely to result in substantial prejudice to a client or other person,absent adequate provisions for restitution;

(3) the Respondent has been sanctioned in the last threeyears;

(4) the misconduct is of thesame nature as misconduct for which the Respondent has been sanctioned in thelast three years;

(5) the misconduct involves dishonesty, deceit, fraud, ormisrepresentation;

(6) the misconduct constitutesa substantial threat of irreparable harm to the public; a felony; or amisdemeanor which reflects adversely on the Respondent?s honesty,trustworthiness or fitness as a Lawyer; or

(7) the misconduct is part of a pattern of similarmisconduct.

(b) Factors for consideration. The OPC considers thesefactors in negotiating and executing the diversion contract:

(1) whether in the OPC?sopinion, the presumptive sanction that would be imposed is likely to be no moresevere than a public reprimand or private admonition;

(2) whether participating indiversion is likely to improve the Respondent?s future professional conduct andaccomplish the goals of Lawyer discipline;

(3) whether aggravating or mitigating factors exist; and

(4) whether diversion was already tried.

Effective December15, 2020