Page 321 - 2024 Orientation Manual

Attorney-Client Assistance Program
The Attomey-Client Assistance Program is a voluntary program aimed at facilitating the
prompt resolution of complaints about lawyer conduct. These complaints focus on minor problems
such as lawyer-client communications or relational matters not rising to a level ofethical violations
warranting investigation by Disciplinary Counsel. Disciptinary Counsel has the discretion to refer
matters to this program after screening the complaint.
When Disciplinary Counsel sends a complaint to the Attomey-Client Assistance Program,
the LSBA's Practice Assistance Counsel will send a letter to the respondent attorney explaining this
voluntary progftrm and requesting that the respondent advise within three business days whether he
or she elects to participate in the program. If an attomey and the complaining party choose to
participate in the Attomey-Client Assistance Program, Practice Assistance Counsel will attempt to
facilitate a resolution ofthe complaint to the satisfaction ofall parties. The goal ofthe program is
quick, prompt and fast resolution of complaints outside of the disciplinary system. Complaints are
retumed to Disciplinary Counsel if either party is not satisfied after brief facilitation. Disciplinary
Counsel has referred 6267 matters to the LSBA's Attomey-Client Assistance Program, as of April
17.2023.

Diversion Program
The Diversion Program has provided assistance to 598 lawyers referred by Disciplinary
Counsel, as of April 17,2023. The Diversion Program allows lawyers who are guilty of minor
misconduct to be diverted from the disciplinary process to an educatior/monitoring program
coordinated by the LSBA's Practice Assistance Counsel. Diversion allows lawyers to avoid a
permanent record of discipline. Diversion may be offered by Disciplinary Counsel in cases
involving minor misconduct where there is little or no injury to the public, the legal system or the
profession. Prior disciplinary history and prior diversions are considered when making a
determination as to whether a matter qualifies for diversion. Such minor offenses include:
-Minor neglect or lack ofdiligence where representation spans a relatively briefperiod,
there is no pattem ofneglect and minimal, ifany, harm to the client.
-Failure to return a client's files of documents entrusted to the attomey by the client.
-Failure to adequately communicate with a client.
-Minor commingling due to poor law office management and a lack of understanding of the
basic trust account principles.
-Minor conflicts of interest where there is no evidence of harm.
-Minor failure to supervise attomey and non-attomey employees.

Lawyers participating in the Diversion Program are required to sign a formal contract
outlining the terms, conditions and obligations ofdiversion. The contract can include attendance at
the LSBA's Ethics School or the LSBA's Trust Accounting School. Facilitation with the
complaining party may be included in a diversion contract as well as any other terms agreed on by
Practice Assistance Counsel, Disciplinary Counsel and the lawyer referred to the Diversion
Program. In the event monitoring is a component of diversion, monitors are obtained from the
Louisiana Attomey Disciplinary Board. If a diversion is not successful, the matter will be retumed
to disciplinary counsel for further handling.

Ethics SchooVDiversion Component
The LSBA has conducted 49 Ethics Schools since the Practice Assistance and Improvement
Program was implemented. Ethics School is the primary component of the Diversion Program.
Ethics School is a full day course beginning at 8:00 a.m. and ending at 5:00 p.m. and the cost is
$175.00. AnexamisgivenattheconclusionoftheEthicsSchool,whichmustbepassed.844
lawyers have successfully completed the LSBA's Ethics School Program. Attendees included
diversion participants and those attending as a condition of discipline. The faculty has included