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ProForms™ 2011 Law Forms - Links
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Print ProGuide's
Brochure Free Sample -- "Cautions & Warnings For Law Firm Web Sites" (Accounting Firms Too) Other Links |
FREE SAMPLE
FROM ProForms™
2011
LEGAL FORMS CD BY ProGuide™
"Cautions &
Warnings For Law Firm Web Sites"
(Public Accounting Firms, Also)
NEW - COMING 2011!
ProForms™ 2011 - Legal Forms - CD
By ProGuide™ Practically A Complete
Business
"Law Office On A Disk"™
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a great business law forms collection in its own right
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a "must have" supplement to your current legal forms collection
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inexpensive and it will save you time & money
(Please note that the following Introduction to this form would not be included on the Proforms™ CD.)
INTRODUCTION
As you probably already know, because of the broad geographical reach of the Internet, law firms have some unique considerations to deal with when establishing a firm web site. These considerations generally arise out of the United States Constitution, various state constitutions and licensing laws, a variety of state "ethics" rules, and, perhaps, some international law. Collectively, this body of law governs the "unauthorized" practice of law, the creation of an "attorney-client" relationship, the fiduciary duties of an attorney to a client, conflicts of interest, "advertising" by law firms, and other matters of importance to attorneys and the general public. Similar, but not identical, considerations may also be of importance to public accounting firms which must also avoid conflicts of interest, carry out fiduciary duties to clients, remain "independent", and avoid "unauthorized" practice.
Imagine, if you would, the horrors of the following situation:
Your Ohio law firm has its web site up and it is really attracting attention. A Kansas company learns of you through your site and sends you an email on Monday. In that email the company informs you that it has been sued in your state, that they have a minor hearing on Tuesday at your local court, that their exposure is only about $10,000 - they think. The email goes on to say that they are hereby engaging your services to represent them in the case at your customary rate and that they will meet you at the courthouse at 9 a.m. on Tuesday. Of course, the email also describes, in detail, the issues and the company's defenses - which involve some "other" named Ohio companies which are not presently involved in the litigation. You note that some of the activities described as having been undertaken by the Kansas company might constitute violations of some criminal statutes.
You try to reach the Kansas company, but can not because they have - naturally - left for Ohio so they can be at the hearing on time. You run a conflicts check and it shows that you do not represent the opposing party. However, your conflicts system indicates that your firm does work for one of the "other" Ohio companies mentioned in the email. A quick conversation with the partner who handles that client indicates that the general counsel for the "other" company has briefly discussed this matter with your partner and has indicated that they would bring you in to handle the matter further if they actually get involved in the litigation. Their exposure could be several million.
It suddenly dawns on you that you probably have several conflicts with regard to the representation, that you have a hearing to attend tomorrow - or that some firm should probably attend on behalf of the Kansas company, that you may have obligations to disclose information received from one company to the other company - but which - if either, that you may not be able to represent any parties to the action, and that, in addition, you may have violated some of Ohio's or Kansas' "unauthorized" practice and "advertising" rules. Thoughts of still other problems spiral through your head. Essentially, you realize you are in a mess! And you hope that a grand jury is not convened with regard to the Kansas' company's activities - as you will then have to figure out what you can and cannot testify to if dragged into the inquiry.
In an effort to avoid the inadvertent creation an "attorney-client relationship" (or an "accountant-client relationship"), a breach of a fiduciary duty, a loss of "independence", a violation of any ethical obligations, and a potential client's possible loss of some 5th Amendment rights, special care must be taken by those establishing a web site for a law firm or a public accounting firm. Special "warnings" posted on the web site may help to minimize the firm's exposure to those risks. A set of "warnings" which is included by ProGuide™ - Legal Forms - on its ProForms™ 2011 - Business Edition - CD is set forth below for your review and consideration. Its use is subject to both the "Cautions & Warnings" posted on this site and the terms of the next paragraph.
While the sample "warning" materials set forth below are subject to our copyright, law firms (and accounting firms which first have the materials reviewed by their own attorney to ensure its suitability and enforceability) may use all or any portion of the text or concepts on their own web site provided that the following is posted on the same page as the excerpted material - in a font which is no more than one size smaller than the majority of the text containing the excerpted text or concepts.
"All or a portion of this text and the concepts contained in it are from materials distributed by the Institute of Professional And Consumer Education, LLC. The full text may be found at www.proguide.com."
The warnings, as they appear on the CD, are as follows:
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Disclaimers, Warnings & Legal Notices |
Very Important
Information
Please Read Carefully
Although we want you to peruse our Web Site, enjoy it, locate useful information on it, and let us know what we can do to improve it or make it more relevant to you, because we are a law firm there are certain unique considerations which you should be aware of before you contact us and before you use any of the educational and legal materials located at our site. So, even though it may be boring and even though you may believe that you already know most of the information, please read the following carefully. (Besides being placed on our site to preserve various rights and to comply with various laws and rules, much of the following information has been placed on this site for your protection and it is important that you read it.)
We Will Not Form an Attorney-Client Relationship Via The Internet
This web site was created for the purpose of making available to attorney's, CPA's, educational personnel, businesses, and others, certain business and tax information which might be of interest to them. It was also created to provide our clients with more detailed information about of our law firm, its personnel, philosophy and services. It was not created for the purpose of soliciting business, as we do not believe the Internet to be either an appropriate or sufficiently secure medium for that purpose at this time. Thus, nothing contained at this web site should be construed as a solicitation of business.
Attorneys and their clients have a unique relationship which arises, to a substantial extent, because of the rights granted to citizens of the United States under the U. S. Constitution and because of the fiduciary relationship which exists between an attorney and his or her clients. When such a relationship is created, the attorney almost always incurs a variety of obligations to the client, including the obligation to act in the client's best interests and keep communications confidential. Ordinarily, the client also becomes liable for the payment of the cost of the legal services and may be legally bound by the attorney's actions on the client's behalf. Other serious consequences may also arise.
Because of the seriousness of the rights and obligations which arise out of an attorney-client relationship, the possible lack of confidentiality on the Internet, and the rules regulating the practice of law, we have adopted the following policies for the protection of our firm, our prospective clients, and our existing clients. Those policies are:
1. We will not create an attorney-client relationship or contract to perform legal services via any e-mail or any other communication sent over the Internet and will not perform any legal services when the request has been made via the Internet.
2. We will not perform any legal services based upon a written request to perform services, whether received by U.S Mail, via telecopy, or by any other means, unless and until we have completed a conflicts of interest check, have determined that we are properly licensed and are competent to undertake the work requested, have notified our prospective or existing client, in writing, that we will undertake the services, and have entered a written contract to do so which has been signed by both the prospective client and a representative of our firm.
3. Neither our transmission, nor your receipt, of any of the educational or other materials on this web site is intended to, nor should it be construed as, either creating an attorney-client relationship or providing you with legal advice.
Thus, unless and until we have actually entered a signed written contract with you or your business pursuant to which we have agreed to perform legal services, you should assume the following:
1. Even if you have requested that we perform services for you as your attorney, we will not.
2. Communications to us will not be confidential.
3. Information communicated to us, may have to be disclosed to our existing clients.
4. Information sent us will not be protected by the privilege against self incrimination or the attorney-client privilege, both of which are afforded clients under the U.S. Constitution.
Forming an Attorney-Client Relationship With Us
Obviously, we are in the business of practicing law and we are pleased to accept appropriate new business. However, for the protection of the firm, our existing clients, and our prospective clients we follow and complete certain procedures before we agree to form a new attorney-client relationship or accept new work from an existing client. Essentially, those procedures are designed to allow us to ascertain: i) whether we are properly licensed and competent to do the work and (ii) whether any conflict of interest exists which would prohibit our entering the new attorney-client relationship or undertaking the new work. If it appears that we can do the work and we agree with the prospective or existing client that we will act as their attorney with regard to the new work, we then enter into a written agreement to that effect which describes what we will do and the charge for our services. For further details as to why we follow these procedures please see "We Will Not Form an Attorney-Client Relationship Via The Internet".
If you have contacted us to discuss our performing any legal services for you or your business, until we have confirmed our entering into an attorney-client relationship and our agreement to perform the services, by a written document signed by our firm and you or your business, you should assume that we will not render any services on your behalf in connection with the new matter and that we are not serving as your attorney with regard to that new matter.
As discussed above in "We Will Not Form an Attorney-Client Relationship Via The Internet" and "Forming an Attorney-Client Relationship With Us", we would be pleased to hear from you, via the Internet or otherwise, with regard to any matter which does not pertain to the performance of legal services for you. However, unless we have previously entered into an attorney-client relationship with you pursuant to the procedures described in "We Will Not Form an Attorney-Client Relationship Via The Internet" and "Forming an Attorney-Client Relationship With Us", when you communicate with us you should assume that you have no special attorney-client relationship with us and that:
1. Even if you have requested that we perform services for you as your attorney, we will not.
2. Communications to us will not be confidential.
3. Information communicated to us, may have to be disclosed to our existing clients.
4. Information sent us will not be protected by the privilege against self incrimination or the attorney-client privilege, both of which are afforded clients under the U.S. Constitution.
Subject to the comments set forth above in "We Will Not Form an Attorney-Client Relationship Via The Internet", you may use the following contact information to reach us:
Persons Name
FIRM NAME
ADDRESS
CITY, STATE zip
PHONE
FAX:
EMAIL:
INTERNET:
Please note that while we have listed certain areas of practice in which we conduct our practice of law, no agency or board has certified us as a specialist or expert in any or all of those fields of practice. Furthermore, our listing of fields of practice does not mean that we have any more expertise or are any more competent than any other lawyer.
All potential clients are urged to make their own independent investigation and evaluation of any lawyer they are considering hiring.
In some jurisdictions, the contents of this entire web site may be considered an advertisement.
Use of the Educational & Legal Materials Located At Our Site
The educational materials, articles, legal forms and references to original sources of law on this web site are not, are not intended to be, and should not be used nor construed to be, legal, accounting or other professional advice. Furthermore, the materials should not be used as the basis for providing such advice.
The forms and other educational materials on this web site are intended solely to stimulate general thought and discussion with regard to legal, accounting, and business issues and to facilitate a discussion with a licensed attorney. They should be used solely for such purposes.
Because the law is complex, voluminous, and constantly changing, the information contained in the forms and educational materials appearing on this site, may contain errors, be incomplete, be outdated, be unenforceable in some jurisdictions, be unsuitable for any particular transaction, and may not achieve a particular desired result. When dealing with a specific legal matter, a licensed and competent attorney should be consulted and they should always independently and thoroughly: (1) research and review all original sources of authority, (2) verify the accuracy of all statements,(3) make sure that the materials are not outdated or incomplete, and (4) review all statements and conclusions to ensure their accuracy, adequacy, completeness, and applicability to the matter under consideration. In addition, as to any form under consideration, the licensed attorney should thoroughly review the terms of the document and make any necessary modifications to it to ensure that it is enforceable in the jurisdiction in which it will be used, is not out dated, is complete, contains all of the necessary terms, is clear, accomplishes the users objectives, and is suitable for use in connection with the contemplated transaction.
The transmission of these web site materials to you, and your receipt of them, is not intended to, nor does it, create an attorney-client relationship between you or your business, on the one hand, and our firm or any of its personnel, on the other hand. You should not act or refrain from acting on any legal matter based on the content of any material on this web site.
Persons who are not licensed attorneys should always engage the services of a licensed attorney to provide them with legal advice and should not rely on the information contained at this web site as either being current, complete, accurate, adequate, or applicable to their particular situation.
Persons who are not licensed Certified Public Accountants should always engage the services of a licensed Certified Public Accountant to provide them with Public Accounting Services and should not rely on the information on this web site as either being current, complete, accurate, adequate, or applicable to their particular situation.
All of the web pages, forms, educational materials, articles and other information contained at this web site are subject to the Warrantees set forth below.
Materials Located At Other Web Sites
On our web site, we will sometimes set forth references to other web sites which contain information which we believe may be of interest. We have no control over the accuracy or currency of such materials and make no warranties, recommendations, or endorsements as to them of any kind. You should decide for yourself whether or not the materials located at those sites are current, accurate, and useful to you. If you do decide to use them, you should use them with caution.
Also, always consult your own legal and accounting experts with regard to all legal and accounting matters of concern to you.
THE WEB PAGES PRESENTED AT THIS WEB SITE, INCLUDING, BUT NOT LIMITED TO, THE FORMS, EDUCATIONAL MATERIALS, ARTICLES AND OTHER INFORMATION PRESENTED, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. AS SUCH, THERE ARE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, THAT THE CONTENTS ARE FREE FROM ERROR, ARE COMPLETE, OR HAVE NOT BECOME OUTDATED.
FURTHERMORE, WE SHALL NOT BE RESPONSIBLE FOR ANY CONSEQUENTIAL DAMAGES, OF ANY KIND, WHETHER THEY MAY BE FORESEEN OR ARE UNFORESEEN.
Copyright © YEAR NAME. All rights reserved.
All of the pages of text and underlying HTML source code at this web site are owned by OWNER'S NAME and are protected by U.S. and International copyright law. All rights are reserved.
However, no claim is made to any photos or clipart which appear on this site, other than FIRM NAME logos, as the other graphics are used under license from ___________________ or other sources and may not be downloaded and saved.
Trademark Information
"_________"(TM) and "_________________"(TM), as well as the two logos depicted on these web pages, are all trademarks of FIRM NAME.