The Oklahoma Bar Journal December 2024

purposes, goals and offerings of the Discipline Diversion Program are the topic of an article that is accompanied by an anonymous personal account of an attorney who was referred to the program. 45 Participation in the program is confidential, although the com plaining party will be advised that the attorney has been referred to the diversionary program. 46 Attorneys have the right to not participate in the Discipline Diversion Program; the matter then proceeds as if no offer of referral was extended. 47 If the GC extends an offer of referral, the GC and the attorney negotiate a contract tailored to the attorney’s individual circumstances and the alleged misconduct. This contract will provide for oversight of all the conditions imposed on the diverted attorney. The attorney will bear the costs incurred by the diversion. 48 The diversion contract will acknowledge that a material violation of a term of the contract

renders voidable the respondent attorney’s participation in the program and that an investigation of the alleged misconduct may proceed or that the matter may be forwarded to the commission for its consideration. A material violation is admissible as evidence in a subsequent disciplinary proceeding. 49 After the parties enter into the contract, the disciplinary matter is held in abeyance. Upon successful completion of the contract, the dis position negotiated in the contract results. 50 This could be a dismissal, a letter of admonition or a private reprimand from the commission. The Discipline Diversion Program is designed to give attorneys an opportunity for rehabilitation instead of public retribution for transgressions. Participation in the program can be considered by the commission in future allegations of misconduct.

those characteristics relevant to law practice. Offenses involving violence, dishonesty, breach of trust, or serious interference with the administration of justice are in that category. A pattern of repeated offenses, even ones of minor significance when con sidered separately, can indicate indifference to legal obligation. If lesser misconduct can be established, allowing the GC to refer an attorney to the diver sionary program, opportunities include law office management assistance, Lawyers Helping Lawyers, psychological coun seling, continuing legal educa tion programs and professional responsibility classes. 44 Prevention is the primary consideration of the OBA Discipline Diversion Program. It is designed to address complaints related to issues like disorganization, procrastination, poor office management or other personal challenges. The history,

If lesser misconduct can be established, allowing the GC to refer an attorney to the diversionary program, opportunities include law office management assistance, Lawyers Helping Lawyers, psychological counseling, continuing legal education programs and professional responsibility classes. 44

Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff.

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THE OKLAHOMA BAR JOURNAL