RULE 4.3. PROBATION.

Effective Date: 3/1/2017

A. Imposition. Probation may be imposed only in those cases in which there is little likelihood that the lawyer will harm the public during the period of probation and the conditions of probation can be adequately supervised.

B. Conditions. The conditions of the probation must be specifically stated and must be stipulated in writing. Conditions may include participation in the lawyer assistance program. Only the court may impose conditions of probation which limit the lawyer's right to practice law in this jurisdiction.

C. Monitoring. Counsel shall monitor the lawyer's compliance with the conditions of probation imposed under these rules. Counsel shall determine the means of monitoring considered sufficient to oversee lawyer compliance. Counsel may consult with the lawyer assistance committee for purposes of identifying an appropriate monitor. The probation monitor shall periodically report to counsel regarding the probationer's progress. Before termination of any period of probation, the probationer and the monitor must file an affidavit with counsel stating that the lawyer has complied with all probation conditions. The monitor shall immediately report any noncompliance to counsel. Counsel shall promptly inform the entity that imposed probation for purposes of consideration under Rule 1.3B.

Rule 4.3 was adopted effective January 1, 1995; amended effective August 1, 2004; March 1, 2017.

New Section C was created effective March 1, 2017, to provide for monitoring of probation conditions by disciplinary counsel, to require periodic reports regarding the probationer's progress, and to provide responses to noncompliance with probation conditions.

Effective Date Obsolete Date
03/01/2017 View
08/01/2004 03/01/2017 View
01/01/1995 08/01/2004 View