Delaware State Bar Association Opinion 2001-2

Committee on Professional Ethics 

Topic: E-mail Encryption

Conclusion of the Committee:

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 the clients sharing an e-mail account with others.”

Rule: Delaware Rules of Professional Conduct 1.6

Referenced Authority:

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