COMMUNICATING WITH US USING E-MAIL
COMMUNICATING WITH US USING CELLULAR TELEPHONES
DISCUSSING YOUR CASE ON THE PHONE
YOU MAY NEED TO FOLLOW-UP ON YOUR OWN OR LOSE YOUR RIGHTS
FIXED FEE CONSULTATIONS
NO REPRESENTATION WITHOUT WRITTEN AGREEMENT
REFERRALS
WE PRACTICE LAW AS A PROFESSION
I. COMMUNICATING WITH US USING E-MAIL
E-mail is a convenient and fast way to communicate that also allows for us to share documents as attachments. It should only be used safely, however, in accordance with the following:
1. E-mail is not a secure method of communicating sensitive information
E-mail is not yet a secure and private means of communication. As an e-mail message is transmitted through the internet it may be accessed by third parties. The speed and volume of traffic mean that this presents little risk as a practical matter. But if someone was looking for your message they could find it. There is also a risk the e-mail will be misdirected to a stranger. Nonetheless, the volume of e-mail, as well as its convenience and versatility, mean that e-mail communications usually present an acceptable risk in communications.
2. E-mail messages do not automatically lose the attorney-client privilege
Courts and bar associations that have considered the matter have concluded that clients and attorneys may communicate using ordinary e-mail without losing the protections of the attorney client privilege. Therefore, we may use unencrypted e-mails to communicate, so long as we have no reason to believe that those e-mails are being accessed inappropriately by someone else.
Each message should indicate its content on the “subject” line. If a message is highly confidential, please indicate this at the very beginning of the e-mail or in the subject line.
3. Your computer may not be secure
You should not send personal confidential e-mails to our office from your employer’s computer system. If the employer has a written policy prohibiting private e-mailing, we may lose any protection or “privilege” the e-mail has by the fact that your employer has reserved the right to look at all e-mail. Even without such an express policy, the system administrator may look at your e-mail. If a third party sees our confidential communications, they may lose the protection granted by law.
4. We can arrange for encrypted communications
Because of the potential that e-mails may be accessed or misdirected, some people prefer to send highly confidential materials by a process involving encryption. This will not affect the legal nature of the message, but would greatly increase the actual
5. Do not forward confidential e-mails to inappropriate recipients
A confidential communication between attorney and client will lose its protections if it is disclosed to, or shared with, any other person who is not a client of the attorney on that matter. In other words, confidential communications must be kept confidential.
6. Do not send “string” e-mails
As a further suggestion, please do not send long e-mail strings that include a series of prior e-mails back and forth, unless this is necessary to make your point. A print out of this e-mail may need to be produced later and long strings may contain irrelevant and even damaging information that must be produced only because it is part of a long string.
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II. COMMUNICATING WITH US USING CELLULAR TELEPHONES
We strongly discourage discussing confidential legal matters using a cellular telephone. There are significant risks that the signal can be intercepted, and the risk of being overheard as you talk almost always outweighs the convenience of using a cellular device.
Cellular telephones may be safely used to make appointments, inform us you will be late for a meeting, or other such routine communications. Confidential communications should be made in person or using a land-based telephone system.
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III. DISCUSSING YOUR CASE ON THE PHONE
We may discuss your situation over the phone to determine whether we should set up an appointment. We will not establish an attorney-client relationship until a written “Retainer Agreement” is signed, typically when we meet for the first time. This initial phone call is part of the screening process to see whether we should explore establishing a relationship.
We do not give legal advice in this initial telephone call. We may make suggestions for further action on your part, or things for you to do to preserve or develop facts that may be important to your situation, but we will have no relationship. nor any obligations after that meeting, unless we enter into a written agreement to that effect.
What you tell us or give us during these initial contacts is, and remains, confidential – it is treated with the same high level of confidentiality and non-disclosure as if we had established an attorney-client relationship.
Our suggestions over the phone are not intended to apply the law to the specific facts of your case, but are meant as generalized advice about something you should know about: for example, alternative dispute resolution options, what administrative complaints you might be able to file, the realities of litigation today, whether you should consult an attorney who focuses on a particular area, or common sense advice about moving on.
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IV. YOU MAY NEED TO FOLLOW-UP ON YOUR OWN OR LOSE YOUR RIGHTS
If you have a possible claim against someone please understand that you will lose the right to sue on that claim unless you file a lawsuit (or other proceeding) within a certain period of time. The time varies with the kind of wrongdoing, but most claims require that you file suit anywhere from 2 to 5 years after you discover the basis for your claim. Some claims must be filed in as little as 6 months after the wrongful event. If we do not establish an attorney-client relationship then we will not follow-up on any claims, and you must be sure you take action in time. This may mean consulting other lawyers enough in advance to give them an opportunity to review and opine.
In California lawsuits against “public entitles” – cities, counties, government agencies, etc. – cannot be filed unless a “Claim” has first been timely submitted to, and denied by, the public entity. The Claim usually must be presented to the entity within 6 months, and any follow-up lawsuit must be filed within 6 months of the Claim being denied. The involvement of any government employee, government property, or any district or other public entity, requires swift action on your part or your rights may soon be lost.
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For most personal and small-business situations we offer the option of an initial fixed fee Consultation. The Consultation, with a pre-set fee of $300.00, is not meant as a comprehensive review of your entire legal landscape, but rather provides an opportunity for you to get a legal opinion on a specific issue, based on the documents you give us, and the facts you give us before and during our meeting. The Consultation consists of our initial telephone discussion, the review of the important materials you provide, and a meeting at which we discuss the question or the document at issue.
There are many times when a legal opinion is required on some document, life transition, or other development. Some of these situations, such as being fired from employment, often have no effective remedy. But it may be worthwhile to make sure that your particular termination was legally proper, and to discuss consequences in the event of either determination. If the issue appears to be too complex to resolve in a simple Consultation, then we will discuss and decide how best to proceed.
After reviewing the relevant documents and while meeting with you, we are usually able to impart some good advice, if not wisdom, that proves of value now or down the road. We can also let you know whether you have some reasonable basis to pursue legal action, and what that would involve. Thus, the fixed fee Consultation permits you to know ahead of time what our review and initial advice will cost. You can then determine whether it is worth our time to meet.
Please provide any documents ahead of time so that we may review them at a slower pace. E-mail attachments are better than faxes. Think about organizing your story so that we understand all of the important background facts, what happened, and how we might be able to help you. Jot down the questions you want to be sure we discuss.
The Consultation relationship ends at the end of our initial meeting. There is no commitment or expectation for either of us to proceed with some further relationship after that meeting. We will take no further action of any kind after the meeting, unless we enter into a written agreement for those further services. We may suggest things, but we will not do them unless we are retained in writing for further action.
We typically receive payment at the end of the initial interview. For your convenience we accept most major credit cards.
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VI. NO REPRESENTATION WITHOUT WRITTEN AGREEMENT
Every client is entitled to a written agreement where it is reasonably foreseeable that fees and costs will exceed $1,000.00. To avoid ambiguity, we never establish an attorney-client relationship without some written documentation.
We may use a fixed fee Consultation Agreement for the initial contact, a simplified Letter Agreement for shorter term tasks, or the full-bore Retainer Agreement for litigation and substantial representation. But we should always have some written understanding on what our office is doing, at what cost, and under what terms. It is also important to document when we move beyond an initial Consultation in to fuller representation.
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If we refer you to some other lawyer for follow-up please do so immediately, or without undue delay. There may be short time limits that must be met or you will lose rights. New counsel may need time to review or prepare. You may want to seek further legal advice. We usually provide several names and you should feel free to talk with more than one attorney before making an appointment. Some lawyers are too busy to talk in any detail with prospective clients over the phone.
We believe the attorneys we name as referrals are competent and in good standing in the legal community, but we cannot guarantee they will take your case or how good a job they will do. They may not be experienced or the best concerning your particular situation. We have no business relationship with them and will not receive a referral fee. You should find a lawyer with whom you can develop a good working relationship. We will not be following the progress of your matter after the referral, so please let us know if you have any problems or are particularly pleased with the referral so we may know whether to continue referring people to these particular attorneys.
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VIII. WE PRACTICE LAW AS A PROFESSION
We believe there is no greater calling than the practice of law, and are honored that people trust us with their plans and their problems. We take pride in zealous advocacy. We love to win and hate to lose.
We are also aware, however, of our responsibilities as members of a noble profession. And we take special joy in outcomes that help our client, while at the same time advancing in some way those principles that overarch us all.
We abide by the civility rules these organizations have promulgated:
- Code of Professionalism of the Santa Clara County Bar Association: the current version revised 10-25-2007 can be found here
- Civility and Professionalism Guidelines of the USDC for the Central District of California: the current version dated 1-12-2006 can be found here
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