(b) Limitations on diversion. Diversion shall be available in cases of alleged minor misconduct, but shall not be available where:
(1) the alleged misconduct resulted in prejudice to a client or another person;
(2) discipline previously has been imposed or diversion previously has been offered and accepted, unless Disciplinary Counsel finds the presence of exceptional circumstances justifying a waiver of this limitation;
(3) the alleged misconduct involves fraud, dishonesty, deceit, misappropriation or conversion of client funds or other things of value, or misrepresentation; or
(4) the alleged misconduct constitutes a criminal offense under applicable law, except for the offenses of driving under the influence and operating a motor vehicle while impaired (or a similar conviction in another jurisdiction).
(c) Procedures for diversion. At the conclusion of an
investigation, Disciplinary Counsel may, in Disciplinary Counsel's sole
discretion, offer to an attorney being investigated for misconduct the
option of entering a diversion program in lieu of other procedures
available to Disciplinary Counsel. The attorney shall be free to accept
or reject the offer of diversion. If the attorney accepts diversion, a
written diversion agreement shall be entered into by both parties
including, inter alia, the time of commencement and completion of the
diversion program, the content of the program, and the criteria by
which successful completion of the program will be measured. The
diversion agreement shall state that it is subject to review by a
member of the Board, to whom it shall be submitted for review and
approval after execution by Disciplinary Counsel and the attorney.
(d) Content of diversion program. The diversion program shall be designed to remedy the alleged misconduct of the attorney. It may include participation in formal courses of education sponsored by the Bar, a law school, or another organization;completion of an individualized program of instruction specified in the agreement or supervised by another Bar entity; or any other arrangement agreed to by the parties which is designed to improve the ability of the attorney to practice in accordance with the Rules of Professional Conduct.
(e) Proceedings after completion or termination of diversion program. Except as provided in subsection (b)(2) of this section, if the attorney successfully completes a diversion program, Disciplinary Counsel's investigation shall be closed, and the attorney shall have no record of misconduct resulting therefrom. If the attorney does not successfully complete the diversion program, Disciplinary Counsel shall take such other action as is authorized and prescribed under section 8(b).