§ Rule III Guidelines for Referrals

Rule III. Guidelines for Referrals

    No referral to mediation may be offered if any aspect of the matter must remain for resolution within the discipline system.

    To assist those making referrals these factors should be considered:

    (1) the severity of the alleged misconduct;

    (2) whether dishonesty is involved;

    (3) whether a pattern of possible misconduct is present;

    (4) the nature of the ethical duty involved and whether the duty may yet be fulfilled;

    (5) the public interest and protection thereof; and

    (6) the interest of the complainant, the respondent and any third parties that are involved.

    The following types of disciplinary cases are illustrative of disciplinary cases that may be considered for mediation:

    (1) alleged refusal of a lawyer to timely return a clients file or copies thereof;

    (2) alleged refusal of a lawyer to release a lien on a clients recovery in a case in which the lawyer has been succeeded by another counsel;

    (3) alleged refusal of a lawyer to properly withdraw from representation upon discharge by the client;

    (4) alleged failure of a lawyer to conclude legal representation by failure to prepare an essential dispositive document;

    (5) alleged failure of a lawyer to comply with a letter of protection issued on behalf of a client;

    (6) alleged failure of a lawyer to adequately communicate to a client not causing substantial harm to the client;

    (7) alleged neglect by a lawyer which does not cause substantial harm;

    (8) an alleged isolated instance of incompetence by a lawyer that is not part of a pattern of incompetence, when the act is not committed in conjunction with any other rule violation, and the lawyer has not been the subject of prior disciplinary sanction for incompetence; and

    (9) any other matter involving the private rights of the complainant and respondent wherein the public interest is satisfied by a resolution that dismisses the disciplinary case without further bar action.

    This list of illustrations is not intended to be an exclusive list, but rather is intended as a guide for those making referrals to the mediation program.