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2.16—Procedures for Diversion

All diversion agreements between Bar Counsel and respondents entered into following docketing and completion of investigation shall be reviewed and approved by the Board Contact Member, who may approve or disapprove the agreement or suggest that it be modified. In approving, rejecting, or modifying the diversion agreement, the Board Contact Member shall consider such proposed diversion agreement in light of the purposes and limitations of diversion stated in Section 8.1 of Rule XI, giving due deference to the expertise of Bar Counsel in disciplinary matters and to the responsibility of Bar Counsel to allocate the investigative and prosecutorial resources of Bar Counsel’s office. The Board Contact Member may condition approval upon further investigation by Bar Counsel or modification of the agreement. The Board Contact Member is permitted to consult informally with Bar Counsel in order to ascertain Bar Counsel’s reasons for entering into a diversion agreement and to express more fully to Bar Counsel the reasons for the Board Contact Member’s refusal to approve the agreement, if appropriate. A diversion agreement may include a PMAS monitor as a condition of diversion, in which event the PMAS Guidelines, adopted by the Board of Governors, may be applicable.

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