18 consideration of the information presented by Bar Counsel and the respondent’s response, if any, it is determined that the breach was material without justification, the agreement will be terminated and the matter will proceed as provided for by these rules. If a breach is established but determined to be not material or to be with justification, the diversion agreement may be modified in light of the breach. If no breach is found, the matter shall proceed pursuant to the terms of the original diversion agreement. (j) Confidentiality. — None of the files and records resulting from the diversion of a matter shall be made public except by order of the Court. Nevertheless, Bar Counsel may publish summaries of matters resulting in diversion for educational purposes so long as the attorney’s name and other identifying information have been removed. Information provided by the attorney to a treatment provider or a monitor while in a diversion program is confidential to the extent it relates to misconduct that occurred before the attorney’s entry into the diversion program. (Adopted February 20, 2015, effective July 1, 2015.)
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