SCR 22.10

(1) Offer of diversion. At intake, during an investigation, or at

the conclusion of an investigation, if the director determines that the

matter should be diverted to an alternatives to discipline program, the

director may offer the attorney the opportunity to participate in the

program. If the attorney rejects the offer, the matter shall proceed as

otherwise provided in this chapter. Diversion to an alternatives to

discipline program does not constitute discipline under this chapter.

(2) Alternatives to discipline program. The alternatives to

discipline program may include mediation, fee arbitration, law office

management assistance, evaluation and treatment for alcohol and other

substance abuse, psychological evaluation and treatment, medical

evaluation and treatment, monitoring of the attorney's practice or trust

account procedures, continuing legal education, ethics school, and the

multistate professional responsibility examination, including those

programs offered by the state bar of Wisconsin.

(3) Eligibility for participation. An attorney may participate in

an alternatives to discipline program when there is little likelihood that

the attorney will harm the public during the period of participation,

when the director can adequately supervise the conditions of the

program, and when participation in the program is likely to benefit the

attorney and accomplish the goals of the program. Unless good cause

is shown, an attorney may not participate in an alternatives to discipline

program if any of the following circumstances is present:

(a) The discipline likely to be imposed in the matter is more

severe than a private reprimand.

(b) The misconduct involves misappropriation of funds or

property of a client or a third party.

(c) The misconduct involves a serious crime as set forth in SCR

22.20(2).

(d) The misconduct involves family violence.

(e) The misconduct resulted in or is likely to result in actual

injury, such as loss of money, legal rights, or valuable property rights,

to a client or other person unless restitution is made a condition of

diversion.

(f) The attorney has been publicly disciplined within the

preceding five years.

(g) The matter is of the same nature as misconduct for which the

attorney has been disciplined within the preceding five years.

(h) The misconduct involves dishonesty, fraud, deceit, or

misrepresentation.

(i) The misconduct involves sexual relations prohibited under

SCR 20:1.8.

(j) The misconduct is the same as that for which the attorney

previously has participated in an alternatives to discipline program.

(k) The misconduct is part of a pattern of similar misconduct.

(4) Diversion agreement. If the attorney agrees to diversion to

an alternatives to discipline program, the terms of the diversion shall be

set forth in a written agreement between the attorney and the director.

The agreement shall specify the program to which the attorney is

diverted, the general purpose of the diversion, the manner in which the

attorney's compliance with the program is to be monitored, and the

requirement, if any, for payment of restitution or costs.

(5) Costs of diversion. The attorney shall pay all costs incurred

in connection with participation in an alternatives to discipline

program, unless the program provides otherwise, and the office of

lawyer regulation shall not be responsible for payment of the costs.

(6) Effect of diversion. (a) When the attorney enters into the

alternatives to discipline program, the underlying matter shall be held

in abeyance and the file shall note the diversion.

(b) If the director determines that the attorney has successfully

completed all requirements of the alternatives to discipline program,

the director shall do one of the following:

(i) Close the file in the matter if the director had not determined

that the matter warranted investigation or reported the matter to the

preliminary review committee, pursuant to SCR 22.06(1).

(ii) Dismiss the matter if the director had determined that the

matter warranted investigation or reported the matter to the preliminary

review committee, pursuant to SCR 22.06(1).

(7) Breach of diversion agreement. If the director has reason to

believe that the attorney has breached a diversion agreement, the

attorney shall be given the opportunity to respond, and the parties may

modify the diversion agreement or the director may, in the director's

sole discretion, terminate the diversion agreement and proceed with the

matter as otherwise provided in this chapter.

(b) Repealed.

(c) Repealed.

(8) Confidentiality of files and records. All files and records of

the diversion of a matter shall be confidential, except as the supreme

court may order otherwise. Information regarding misconduct

disclosed to a treatment provider by an attorney while in an alternatives

to discipline program need not be disclosed to the office of lawyer

regulation, provided the misconduct occurred prior to the attorney's

entry into the program.