BINDING AGREEMENT REQUIRED TO ACCESS AND VIEW THIS WEBSITE
AND TRIAL BY WOMAN BLOGS AND LISTSERVS
I agree to the terms and conditions set forth below as an agreement between myself and Trial By Woman regarding my viewing of the videos and information on the trialbywoman.com website, Trial By Woman blog, and also participation in and the use of the information shared in the Trial By Woman listserv and document libraries. I understand that the use of the trialbywoman.com website, Trial By Woman blog, and also Trial By Woman listserv is a privilege of Trial By Woman membership that I hereby agree to and which may be revoked if I breach any of the terms of this agreement or if at any time it is determined that my participation on the listserve or blog does not support Trial By Woman’s mission. By clicking “I AGREE”, I agree to be fully bound by the terms of this agreement. I take full personal responsibility for any actions performed by any other person using my username and password and information obtained through my access that is granted to the Trial By Woman materials and listserv.
USE OF INFORMATION
I accept full responsibility for any copyright infringement or any other legal actions which may be brought against Trial By Woman or any of its members as a result of information that I post. I understand that any information I post to the listserv will be viewed by other members of Trial By Woman who agree to these terms. My name, address, and other contact information may be included in the Trial By Woman searchable databases or other information collections by Trial By Woman and also Trial Guides.
Under no circumstances will I use information obtained from the blog or Trial By Woman listserv for commercial purposes that are not connected with the practice of law on behalf of a client or the administration and management of my law office. I will not download information obtained from the listserv into any other document, database, or information retrieval system except for those directly under my control and used solely to support the litigation efforts in which I am engaged or the administration and management of my law office. I will not solicit clients through the listserve. I will not utilize Trial By Woman’s listserv or website to advertise programs or activities that are not sponsored by Trial By Woman or one of its partner organizations. This includes announcements of other organizations’ CLE programs. I will not market to listserv users for any profit-making venture. I will not offer items for sale for profit through the listserv except in connection with the administration and management of my law office. I will not market items for sale for charitable activities or organizations through AAJ listservers. I will not sell or disseminate any listings of AAJ users to any person or entity (profit or nonprofit). I will not provide any copy, electronic or otherwise, of anything from the Trial By Woman website or blog or listserv communications or the identity of participants to any other person or entity, except to participants.
STANDARDS OF CONDUCT
I will conform to appropriate standards of conduct at all times on Trial By Woman’s listserv. These standards include but are not limited to the following:
1. I will not post or respond to messages that contain obscene, offensive, inflammatory, libelous, derogatory language, and/or personal
2. I will post messages to the appropriate forum to ensure that my message reaches an audience interested in that type of message.
3. I will not exploit the listserv to solicit participation of its members in non-Trial By Woman administered listserv or activities.
4. I will not post non-substantive replies, including messages that indicate a simple “yes/no, me too, I agree/I disagree, or thank you,”
without substantive elaboration.
5. To improve clarity, I will do my best to edit replies before posting them to a listserv, including deleting all irrelevant information
which add to the “noise” content of the message, such as headers, footers, security notices, and extraneous quoted material from the
6. I will absolutely not under any circumstances take any information from the Trial By Woman website, blog, or listserv and publish
such information in any pleading, motion, or correspondence. I agree to honor all information and materials gathered through the
blog, Trial By Woman website, and listserve as 100% privileged as this is a private forum where the participants should be able to
speak freely and exchange ideas and techniques and feelings and attitudes without any fear of what is said being used against them in a
court of law or adversarial proceeding.
7. I will not post any messages regarding legislative, regulatory, or other advocacy efforts that are contrary or could be deemed contrary
to Trial By Woman’s mission or run counter to Trial By Woman’s strategic objectives.
8. I will not under any circumstances review or utilize the information on the Trial By Woman website, blog, or listserv to benefit any
civil Defendant, any corporation, any Insurance Company, or any State or Federal Prosecutorial Agency/Department.
I will not forward or distribute materials from the Trial By Woman website, blogs, or listserv messages to non-subscribers. I will not allow others to use my Trial By Woman subscription(s). Access to the Trial By Woman website, blogs, and listserv are intended for the exclusive use of Trial By Woman members representing plaintiffs in civil actions or defendants in criminal actions. I will not furnish materials to a defendant, defense interest, criminal prosecutor, Court, State Bar Prosecutor, or any other person not assisting in my plaintiff civil or criminal defense case, except as otherwise authorized by the law and I agree that I will provide Trial By Woman with the notice and opportunity to be heard in the event that materials are going to be used in any way not otherwise authorized herein. If information exchanged or released through Trial By Woman or its materials are demanded or ordered to be produced during discovery, I am urged to oppose the discovery, and contact Trial By Woman. I agree to file motions for protective orders before producing any such materials or communications. Nothwithstanding, as with any Internet Website, I understand that trialbywoman.com, its blogs, and its discussion listserv should not be regarded as a secure system and should not be used for anything confidential in nature. Therefore, I agree that Trial By Woman and its members shall not be held personally responsible or liable for damages for any unauthorized exchange or release of information that I post or exchange through Trial By Woman and its vehicles of communication.
PARALEGAL AND OTHER LAW OFFICE AFFILIATE USE
In addition to all other provisions in this policy, paralegal and other law firm employee affiliates shall comply with everything stated in this agreement and when posting a message on any listserv, the post shall include language that the paralegal or law firm employee affiliate’s communication is under the general direction of the attorney, and include his or her name, address, e-mail address, and telephone number. All additional identifying information is prohibited.
An example of such a signature is as follows:
This communication is under the general direction of John Smith, sponsoring attorney of Terry Doe
1234 Main Street
DEFENSE USE PROHIBITED
I am aware that any use of communications and materials obtained from the Trial By Woman website, blogs, and listserv to assist in the defense of a civil action, an insurance company, or the prosecution of a criminal action is explicitly prohibited and any such use may expose the persons using these materials in such a manner to ethical sanctions by Trial By Woman and/or the appropriate state or local bar association. By clicking “I AGREE”, I agree that any such use is “unethical” and any person clicking “I agree” with the intention of using the information from the Trial By Woman website for such purposes is committing a “DISHONEST ACT” and an act of “MORAL TURPITUDE”.
Every message that I send through the listserve will be accompanied by information adequate to identify myself, which shall include as a minimum, my name, firm name, city, state, and e-mail address. With the posting of each message to Trial By Woman’s listserve, I certify that I continue to be qualified for regular Trial By Woman membership.
By clicking “I AGREE” I agree to become a member of Trial By Woman and follow the rules stated herein and above and I will make a separate request with a hard copy signature to be a member of specific listservs and blogs in addition to agreeing to these terms of membership and viewing of the Trial By Woman website. I promise that I am not a lawyer who is employed by an insurance company, that none of my practice or clients are civil defendants or insurance companies or governmental entities and that I am not opposing counsel in any civil or criminal case against any member or contributor of the Trial By Woman website, blog, listserv or Trial By Woman organization.
MAILING LIST PERMISSION
By clicking "I Agree" I allow Trial By Woman to add me to the mailing list that is connected to the specific membership that I signed up for (ex: signing up for Trial By Woman:The Forum Membership automatically signs me up for Trial By Woman: The Forum mailing list). This will allow Trial By Woman to send important news and information to me about the particular membership that I belong to. If I do not want to be included on the mailing list I will send an email to email@example.com asking that I be removed from the mailing list.