In opinion 2001-02, the Delaware State Bar Association Committee on Professional Ethics addressed the transmission of confidential client information via e-mail and cellular telephones. The committee opined that the transmission of confidential information by way of e-mail or mobile (or cell) phone, absent extraordinary circumstances, does not violate rule 1.6. Extraordinary circumstances include circumstances in which the lawyer should reasonably anticipate the possibility that his or her communication could be intercepted and confidences disclosed, such as sharing an e-mail account with others.
13 02 2002
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