Privacy Policy

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:
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  (a) A lawyer who knows that another lawyer has violated the Rules of Professional Conduct that raises a substantial question about 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 violated 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 disclosing 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.
 [1] Self-regulation of the legal profession requires that members of the work 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 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 misconduct report is not required to involve a 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 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. Therefore, a measure of judgment is 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 the lawyer is aware of. 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. Similar considerations apply to the reporting of judicial misconduct.
[4] The duty to report professional misconduct does not apply to a lawyer retained to represent a lawyer whose professional conduct is questioned. 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 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, resulting in additional harm to their professional careers and further 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 lawyer's assistance program; however, such an obligation may be imposed by the Program's rules or other law.