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attorney explaining this voluntary program and requesting that the respondent advise within three
business days whether he or she elects to participate in the program. If an attorney and the
complaining party choose to participate in the Attorney-Client Assistance Program, Practice
Assistance Counsel will attempt to facilitate a resolution of the complaint to the satisfaction of
all parties. The goal of the program is quick, prompt and fast resolution of complaints outside of
the disciplinary system. Complaints are returned to Disciplinary Counsel if either party is not
satisfied after brief facilitation. Disciplinary Counsel has referred 6099 matters to the LSBA’s
Attorney-Client Assistance Program, as of July 7, 2020.

Diversion Program
The Diversion Program has provided assistance to 569 lawyers referred by Disciplinary
Counsel, as of July 7, 2020. The Diversion Program allows lawyers who are guilty of minor
misconduct to be diverted from the disciplinary process to an education/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 of diligence where representation spans a relatively brief period,
there is no pattern of neglect and minimal, if any, harm to the client.
-Failure to return a client’s files of documents entrusted to the attorney 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 attorney and non-attorney employees.

Lawyers participating in the Diversion Program are required to sign a formal contract
outlining the terms, conditions and obligations of diversion. The contract will include attendance
at the LSBA’s Ethics 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 Attorney Disciplinary
Board. If a diversion is not successful, the matter will be returned to disciplinary counsel for
further handling.

Ethics School/Diversion Component
The LSBA has conducted 42 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 $395.00. An exam is given at the conclusion of the Ethics School, which
must be passed. 806 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 practicing attorneys, law school faculty and the Chief Disciplinary Counsel.
Plans are now underway for the next LSBA’s Ethics School.
The Ethics School curriculum includes the following topics:
· the lawyer disciplinary system;
· the attorney-client relationship including formation of the relationship, client
screening, accepting the representation, billing, fees and costs, solicitation and
terminating the relationship;
· conflicts of interest;
· advertising;
· law office management including supervising personnel, computer use,
opening and closing files, file organization, communication with clients, the
office