BINDING AGREEMENT REQUIRED TO ACCESS AND VIEW THIS WEBSITE
AND TRIAL BY HUMAN BLOGS AND LIST SERVERS
I agree to the terms and conditions set forth below as an agreement between myself and Trial By Human regarding my viewing of the videos and information on the Trial By Human Website (www.trialbyhuman.com), Trial By Human Blog, and also participation in and the use of the information shared in the Trial By Human List Servers and document libraries. I understand that the use of the Trial By Human Website, Trial By Human Blog, and also Trial By Human List Servers is a privilege of Trial By Human 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 List Server or Blog does not support Trial By Human’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 Human materials and List Servers.
USE OF INFORMATION
I accept full responsibility for any copyright infringement or any other legal actions which may be brought against Trial By Human or any of its members as a result of information that I post. I understand that any information I post to the list servers will be viewed by other members of Trial By Human who agree to these terms. My name, address, and other contact information may be included in the Trial By Human searchable databases or other information collections by Trial By Human and also Trial Guides.
COMMERCIAL PURPOSES
Under no circumstances will I use information obtained from the Blog or Trial By Human List Servers 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 List Servers 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 List Servers. I will not utilize Trial By Human’s List Servers or Website to advertise programs or activities that are not sponsored by Trial By Human or one of its partner organizations. This includes announcements of other organizations’ CLE programs. I will not market to List Server users for any profit-making venture. I will not offer items for sale for profit through the List Servers 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 Trial By Human List Servers. I will not sell or disseminate any listings of Trial By Human users to any person or entity (profit or nonprofit). I will not provide any copy, electronic or otherwise, of anything from the Trial By Human Website or Blog or List Server 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 Human’s List Servers. 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 attacks.
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 List Server to solicit participation of its members in non-Trial By Human administered list servers 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 List Server, 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 original message.
6. I will absolutely not under any circumstances take any information from the Trial By Human Website, Blog, or List Servers and publish such information in any pleading, motion, or correspondence. I agree to honor all information and materials gathered through the Blog, Trial By Human Website, and List Servers 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 Human’s mission or run counter to Trial By Human’s strategic objectives.
8. I will not under any circumstances review or utilize the information on the Trial By Human Website, Blog, or List Servers to benefit any Civil Defendant, any corporation, any Insurance Company, or any State or Federal Prosecutorial Agency/Department.
RELEASING MESSAGES
I will not forward or distribute materials from the Trial By Human Website, Blogs, or List Servers to non-subscribers. I will not allow others to use my Trial By Human subscription(s). Access to the Trial By Human Website, Blogs, and List Servers is intended for the exclusive use of Trial By Human 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 Human 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 Human or its materials are demanded or ordered to be produced during discovery, I am urged to oppose the discovery, and contact Trial By Human. I agree to file motions for protective orders before producing any such materials or communications. Nothwithstanding, as with any internet website, I understand that Trial By Human, its Blogs, and its discussion List Servers should not be regarded as a secure system and should not be used for anything confidential in nature. Therefore, I agree that Trial By Human 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 Human 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 List Server 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
Anytown, USA
123.456.7890
DEFENSE USE PROHIBITED
I am aware that any use of communications and materials obtained from the Trial By Human Website, Blogs, and List Servers 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 Human 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 Human Website for such purposes is committing a “DISHONEST ACT” and an act of “MORAL TURPITUDE.”
IDENTIFICATION
Every message that I send through the List Servers 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 Human’s List Servers, I certify that I continue to be qualified for Regular Trial By Human membership.
MEMBERSHIP
By clicking “I AGREE,” I agree to become a member of Trial By Human 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 List Servers and Blogs in addition to agreeing to these terms of membership and viewing of the Trial By Human 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 Human Website, Blog, List Servers or Trial By Human organization.
MAILING LIST PERMISSION
By clicking "I AGREE," I allow Trial By Human to add me to the mailing list that is connected to the specific membership that I signed up for. This will allow Trial By Human 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 manager@trialbyhuman.com asking that I be removed from the mailing list.
(updated 7/22/18)