Letter to the Commission on Statewide Attorney Discipline calling for the adoption of a Unified Diversion Rule

SUMMARY

The Committee on the Lawyer Assistance Program submitted written testimony to the Chief Judge’s Commission on Statewide Attorney Discipline calling for the adoption of a Unified Diversion Rule in New York’s attorney discipline system. Currently, the Second, Third and Fourth Department utilize unique Diversion Rules; the First Department does not have an adopted Diversion Rule. The New York City Bar Lawyer Assistance Program (LAP) and the New York State Bar LAP collaborated on a Proposed Unified Diversion Rule and recommended that it be adopted by all four Departments. The purpose of a Diversion Rule for lawyers whose less serious misconduct is related to mental health, substance abuse, alcohol or other addictions is to encourage lawyers to address and remedy the underlying causes that contributed to the misconduct in a structured and supervised education and rehabilitation LAP Monitoring Program. Advocating for lawyers to self-identify and address these issues can result in lasting benefits to that attorney, the public and the profession. The Committee argued that adopting a Unified Diversion Rule would send a vital message that the profession is ready to address and remedy the problems that most frequently result in client complaints, lawyer misconduct and disciplinary proceedings.

OUTCOME

NYS Commission on Statewide Attorney Discipline, “Enhancing Fairness and Consistency, Fostering Efficiency and Transparency: Final Report to Chief Judge Jonathan Lippman, the Court of Appeals,  and the Administrative Board of the Courts”, Sept. 2015, available here.