Disciplinary Case Summaries for Matters Resulting in Diversion and Private Admonition

• Publication year: 2011
• Pages: 135

40 Colo.Law. 135 Colorado Bar Journal 2011.

2011, July, Pg. 135. Disciplinary Case Summaries for Matters Resulting in Diversion and Private Admonition

The Colorado Lawyer
July 2011
Vol. 40, No. 7 [Page 135]

From the Courts
Matters Resulting in Diversion

Disciplinary Case Summaries for Matters Resulting in Diversion and Private Admonition

Articles describing Diversion Agreements and private admonitions as part of the Attorney Regulation System are published on a quarterly basis. These summaries are contributed quarterlyby the Colorado Supreme Court Office of Attorney Regulation.

Diversion and Private Admonition Summaries

Diversion is an alternative to discipline.(fn1) Pursuant to the rule and depending on the stage of the proceeding, Attorney Regulation Counsel (Regulation Counsel), the Attorney Regulation Committee (ARC), the Presiding Disciplinary Judge (PDJ), the hearing board, or the Supreme Court may offer diversion as an alternative to discipline. For example, Regulation Counsel can offer a Diversion Agreement when the complaint is at the central intake level in the Office of Attorney Regulation Counsel (OARC). Thereafter, ARC or some other entity must approve the agreement.

From February 2, 2011, through April 28, 2011, at the intake stage:

* Regulation Counsel entered into twelve Diversion Agreements involving twelve requests for investigation

* ARC approved eight Diversion Agreements involving eight requests for investigation

* there were no Diversion Agreements submitted to the PDJ for approval

* ARC issued one private admonition involving two matters

* the PDJ approved one private admonition.

Determining Whether Diversion is Appropriate

Regulation Counsel reviews the following factors to determine whether diversion is appropriate:

1. the likelihood that the attorney will harm the public during the period of participation;

2. whether Regulation Counsel can adequately supervise the conditions of diversion; and

3. whether the attorney is likely to benefitby participation in the program.

Regulation Counsel will consider diversion only if the presumptive range of discipline in the particular matter is likely to result in a public censure or less; however, if the attorney has been publicly disciplined in the last three years generally the matter will not be diverted.(fn2) Other factors may preclude Regulation Counsel from agreeing to diversion.(fn3)

Purpose of...