Close Close

Your Missouri Courts Header Image

Clerk Handbooks

Supreme Court Rules

Subject: Rule 5 - Rules Governing the Missouri Bar and the Judiciary - Complaints and Proceedings Thereon Publication / Adopted Date:November 26, 2002
Topic:DiversionRevised / Effective Date:January 1, 2003

5.105 Diversion

(a) Offer of Diversion. At any time prior to the conclusion of an investigation, the chief disciplinary counsel may offer the lawyer the opportunity to participate in a diversion program.

(b) Diversion Program. The diversion program may include programs assisting the lawyer in managing her or his practice, improving proficiency of the lawyer, or providing personal assistance.

(c) Participation in the Program. A lawyer may participate in a diversion program if:

The diversion program is not appropriate, absent special circumstances, in the following situations:

(d) Diversion Agreement. If a lawyer agrees to an offer of diversion, the terms of the diversion shall be set forth in a written agreement between the lawyer and the chief disciplinary counsel. The agreement shall specify the programs to which the lawyer shall be diverted, the general purpose of the diversion, the manner in which the lawyer's compliance with the program is to be monitored, and any requirement for payment of restitution or costs.

(e) Costs of the Diversion. The lawyer shall pay all the costs incurred in connection with participation in any diversion program.

(f) Effect of Diversion. Upon execution of a diversion agreement, the lawyer shall complete the requirements thereof.
Upon the lawyer's entry into the diversion program, the underlying disciplinary matter shall be placed in abeyance, indicating diversion.
Diversion is not discipline under this Rule 5.

(g) Effect of Successful Completion of the Diversion Agreement. If the chief disciplinary counsel determines that the lawyer has successfully completed all the requirements of the diversion agreement, the chief disciplinary counsel shall close the file.

(h) Breach of Diversion Agreement. If the chief disciplinary counsel has reason to believe that the lawyer has breached the diversion agreement, the lawyer shall be given an opportunity to respond, and the chief disciplinary counsel may modify the diversion agreement or terminate the diversion agreement and proceed with the matter as provided by Rule 5.

If the diversion agreement is breached, any information obtained while participating in a diversion program may be used in the same manner as any other evidence acquired in the course of a Rule 5 investigation.

(i) Effect of Rejection of Recommendation for Diversion. If a lawyer rejects a diversion offer, the matter shall proceed as otherwise provided in Rule 5.

(j) Confidentiality. All of the records resulting from the diversion of a matter shall be filed with the chief disciplinary counsel and shall be subject to the same restrictions concerning confidentiality as provided in Rule 5.31.

(Adopted November 26, 2002, eff. Jan 1, 2003.)