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Rules on Lawyers Professional Responsibility Public Input Form

The Minnesota Supreme Court’s order dated August 23, 2023, directs broad changes in lawyer disciplinary proceedings and rules following an American Bar Association (ABA) report issued in 2022. The Advisory Committee will address each issue within the scope of that order and welcomes public comment in all those specific areas. And as noted below, if it is easier to attach a document with your responses, feel free to select the “I have an attachment to submit” checkbox rather than using the text boxes on this form, and you will be contacted about how to submit the document. But given the committee’s deliberations to date, we particularly seek input on the following issues.
 

This form will be available to submit written input until 5:00 p.m. on Monday, June 3, 2024.

Parameters of a new Diversion Program for isolated, nonserious misconduct?
What type of misconduct or other factors should disqualify a lawyer from consideration for diversion?


Should a lawyer have to admit to misconduct to participate in diversion or is it sufficient that the lawyer acknowledges a set of facts that might implicate the ethics rules?

If a lawyer successfully completes a diversion program (i.e. additional skills training, treatment for a mental health or substance use issue) should the records related to the diversion agreement be destroyed, or should they remain accessible to those within the Judicial Branch who oversee and regulate lawyer conduct?

Should someone who complained about a lawyer have a right to review a diversion agreement involving that lawyer?


What is the best way to deter future misconduct by lawyers?

 
If you have made a complaint against a lawyer or been the subject of a complaint, what suggestions do you have to improve the efficiency or transparency of the process?

 
Should there be time limits (perhaps with a “good cause” exception) for investigations into misconduct or other aspects of the discipline process? If yes, and those time limits are not met, what should happen?

 
What general comments would you like to share with the Advisory Committee about the issues the Advisory Committee is addressing?


  
 
  
    
  
  
  
  
  


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