• A statement that the employee voluntarily chooses to enter into the contract. • the identification of the traditional formal discipline, which is replaced by the agreement. • A description of the misconduct. • A statement that the employee admits to having participated in the misconduct described above. • An explanation of how the employee will improve their future behavior. • A statement that the agreement is of a specified length instead of a formal reprimand or proposed suspension (or a suspension decision if no proposal is needed). • A statement that, in the event of a new misconduct, the agreement constitutes a prior disciplinary measure that can be considered as part of future disciplinary measures. • A statement that there will be no SF-50 to implement the agreement that the agreement will be submitted and maintained in the disciplinary proceedings file (and not in the employee`s official personnel file) at the duty personnel office for a certain period of time and that if the agreement replaces a suspension, there will be no loss of wages. • Waive all rights to grieve, file a discrimination claim or otherwise challenge the agreement, but maintain the right to challenge any violation of the agreement by management and all future disciplinary action against the employee. • An indication that if the employee believes that his or her faults are due in some way to the personal problem, the employee may benefit from the confidential counselling services of the Personnel Assistance Program.
Agreement instead of discipline An agreement between the member and the office of the Chief Trial Counsel instead of disciplinary proceedings in accordance with sections 6068 (l) and 6092.5 (i) of the Business and Professions Code. The stay of disciplinary proceedings and the dismissal of the charge by the State Bar Court or the Office of the Chief Trial Counsel, usually in the interests of justice, under an agreement instead of discipline or for any other specific reason, such as for example. B the case, has no value or there is insufficient evidence to pursue the case. A letter from the Chief Trial Counsel`s office to a member who has likely violated the rules of ethics and/or the State Bar Act or who could be violated if the offense is minimal and would not lead to discipline of the member. The letter draws the member`s attention to various resources that can help the member avoid problems and/or file complaints against him in the future. Client Trust Account School is requested by lawyers who are disciplined for breaches of the client trust account. A separate three-hour course focused specifically on managing trusted customer accounts and related tasks. The worker is given a period of time to accept or refuse the agreement. If the employee refuses the offer, the supervisor documents on the agreement that the offer was made and can act with traditional discipline.
If the employee agrees, the agreement is signed and binds both parties in accordance with their terms. A decision written by a State Bar Court judge before a member can be admitted to the Alternative Discipline Program ("ADP"). These decisions include factual findings, legal conclusions, and a "high" and "low" disciplinary recommendation. The "low" degree of discipline is recommended when the ADP member has successfully completed. The "high" level of discipline is recommended if the ADP member has not successfully completed. The State Bar Court classifies these decisions as interim orders, given that a State Bar Court judge must then make a final decision as soon as the member has successfully or unsuccessfully completed the ADP. A communication issued by the Office of the Chief Trial Counsel to justify an investigation into the alleged misconduct of a member of the State Bar which, if the allegations are proven, may lead to disciplinary action by the member. . . .