The Delaware Lawyers Assistance Program (De-LAP) does not keep records unless under formal monitoring. Federal and state law ensures the confidentiality of those who seek assistance and support through The Delaware Lawyers Assistance Program (De-LAP) and/or those who have referred an individual to the Program, More specifically it is written in the Professional Conduct Rules, Rule 8.3, and Reporting professional misconduct, p 158:
RULE 8.3 REPORTING PROFESSIONAL MISCONDUCT
(a) A lawyer who knows that another lawyer has committed a violation of the
Rules of Professional Conduct that raises a substantial question as to that lawyer's
honesty, trustworthiness or fitness as a lawyer in other respects, shall inform the
appropriate professional authority.
(b) A lawyer who knows that a judge has committed a violation of applicable
rules of judicial conduct that raises a substantial question as to the judge's fitness for
office shall inform the appropriate authority.
(c) This Rule does not require disclosure of information otherwise protected by
Rule 1.6.
(d) Notwithstanding anything in this or other of the rules to the contrary, the
relationship between members of either (i) the Lawyers Assistance Committee of the
Delaware State Bar Association and counselors retained by the Bar Association, or (ii)
the Professional Ethics Committee of the Delaware State Bar Association, or (iii) the Fee
Dispute Conciliation and Mediation Committee of the Delaware State Bar Association, or
(iv) the Professional Guidance Committee of the Delaware State Bar Association, and a
lawyer or a judge shall be the same as that of attorney and client.
Comment
[1] Self-regulation of the legal profession requires that members of the
profession initiate disciplinary investigation when they know of a violation of the Rules
of Professional Conduct. Lawyers have a similar obligation with respect to judicial
misconduct. An apparently isolated violation may indicate a pattern of misconduct that
only a disciplinary investigation can uncover. Reporting a violation is especially
important where the victim is unlikely to discover the offense.
[2] A report about misconduct is not required where it would involve
violation of Rule 1.6. However, a lawyer should encourage a client to consent to
disclosure where prosecution would not substantially prejudice the client's interests.
[3] If a lawyer were obliged to report every violation of the Rules, the failure
to report any violation would itself be a professional offense. Such a requirement existed
in many jurisdictions but proved to be unenforceable. This Rule limits the reporting
obligation to those offenses that a self-regulating profession must vigorously endeavor to
prevent. A measure of judgment is, therefore, required in complying with the provisions
of this Rule. The term "substantial" refers to the seriousness of the possible offense and
not the quantum of evidence of which the lawyer is aware. A report should be made to
the bar disciplinary agency unless some other agency, such as a peer review agency, is
more appropriate in the circumstances. imilar considerations apply to the reporting of
judicial misconduct.
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[4] The duty to report professional misconduct does not apply to a lawyer
retained to represent a lawyer whose professional conduct is in question. Such a situation
is governed by the Rules applicable to the client-lawyer relationship.
[5] Information about a lawyer's or judge's misconduct or fitness may be
received by a lawyer in the course of that lawyer's participation in an approved lawyers or
judges assistance program. In that circumstance, providing for an exception to the
reporting requirements of paragraphs (a) and (b) of this Rule encourages lawyers and
judges to seek treatment through such a program. Conversely, without such an exception,
lawyers and judges may hesitate to seek assistance from these programs, which may then
result in additional harm to their professional careers and additional injury to the welfare
of clients and the public. These Rules do not otherwise address the confidentiality of
information received by a lawyer or judge participating in an approved lawyers assistance
program; such an obligation, however, may be imposed by the rules of the program or
other law. |