Questionnaire - International Conference of Legal Regulators

The following questionnaire solicits background information for the September 15, 2016 program on Diversion: Dos and Don'ts

The results of this questionnaire will be compiled and available as a resource on the International Regulators' website.  It will provide information for regulators considering the implementations of diversion programs, as well as regulators who are evaluating their existing programs. By completing this form, you are agreeing to have the information posted on the website. 

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* 1. What is your current Position? 

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* 2. What is your jurisdiction? 

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* 3. Does your jurisdiction have rules and procedures for the diversion of complaints as an alternative to traditional discipline?  For the purpose of this survey, diversion means any alternative to traditional discipline.

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* 4. Are your jurisdiction's rules on diversion available on the Internet?

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* 5. What type of matters may be handled through diversion?

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* 6. Is the diversion option limited to alleged misconduct by impaired lawyers?

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* 7. Who makes the determination as to whether diversion is an option? 

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* 8. In order to participate in a diversion program, must the respondent-lawyer enter a written diversion agreement? 

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* 9. If a respondent-attorney successfully completes a diversion program, is the complaint/matter dismissed?

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* 10. If a respondent-attorney successfully completes a diversion program, is there any public record of the fact that the matter was handled through diversion?

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* 11. When a matter referred to diversion, is the complainant/grievant informed of the referral?

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* 12. IS the complainant provided any explanation as to why the matter was referred to diversion?

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* 13. If a lawyer successfully completes a diversion program and is later subject to discipline on another matter, will disciplinary counsel later have access to information related to the matter that was handled through diversion?

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* 14. If a lawyer successfully completes a diversion program and is later subject to discipline on another matter, should the information on the matter that was diverted later be available to counsel to consider in aggravation? 

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* 15. Does your jurisdiction keep records to track whether lawyers who complete diversion programs are later subject to discipline? 

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* 16. Does your jurisdiction keep records to track whether impairment appears to be a factor for lawyers who are subject to discipline or diversion?  For the purpose of this question, impairment means any substance abuse or mental health issue. 

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* 17. Which of the following programs does your jurisdiction have?

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