ELC 6.9
                  TERMINATION OF DIVERSION


(a) Fulfillment of the Contract.  The contract terminates
when the respondent lawyer has fulfilled the terms of the
contract and gives disciplinary counsel an affidavit or
declaration demonstrating fulfillment.  Upon receipt of this
affidavit or declaration, disciplinary counsel must
acknowledge receipt and either dismiss any grievances
deferred pending successful completion of the contract or
notify the respondent that fulfillment of the contract is
disputed.  The grievant cannot appeal the dismissal.
Successful completion of the contract is a bar to any
further disciplinary proceedings based on the same
allegations.

(b) Material Breach.  A material breach of the contract is
cause for termination of the diversion.  After a material
breach, disciplinary counsel must notify the respondent of
termination from diversion and disciplinary proceedings may
be instituted, resumed, or reinstated.

(c) Review by the Chair.  The Chair may review disputes
about fulfillment or material breach of the terms of the
contract on the request of the respondent or disciplinary
counsel.  The request must be filed with the Board within 15
days of notice to the respondent of the determination for
which review is sought.  Determinations by the Chair under
this section are not subject to further review and are not
reviewable in any proceeding.


[Adopted effective October 1, 2002.]