Please be sure to scroll down the page and read thoroughly. List Serve guidelines also apply to the Paralegal and Student List Serves.
LIST SERVE CONDITIONS FOR USE
In consideration of being able to participate in any List Serve Service provided by Consumer Attorneys of San Diego (CASD), I hereby agree and promise as follows:
I. ELIGIBILITY & ACCESS
a. I understand that CASD's List Serve is available to members of CASD who have agreed to this List Serve Conditions for Use. I agree that I will not share, forward, distribute, divulge or otherwise communicate List Serve messages or any information contained therein to any non-CASD List Serve subscriber. I further agree that I will not allow any person other than myself, to obtain access to CASD's List Serve. All List Serve messages are intended to be private and to be kept within the subscriber group.
b. I agree that with the posting of each message on CASD List Serve, I am certifying that I continue to be qualified for regular membership in CASD. I further agree that I will notify CASD in writing if at any time I am: 1) no longer eligible to be a CASD member; or 2) no longer able to affirm compliance with the Conditions for Use and the rules contained therein. I also agree that I will at that time cease all further use of or access to the CASD List Serve until I subsequently re-qualify for access.
II. CONTENT
a. I agree that all information contained in List Serve messages is informational only and is not advisory or guaranteed to be accurate. I understand that I should go to the original sources of legal information and follow usual legal research procedures before using any information provided in List Serve messages.
b. I understand that individual CASD List Serve subscribers are speaking only for themselves and do not represent the opinion of CASD or other CASD members.
c. I agree not to post obscene, racist, sexist, inflammatory, threatening, abusive, harassing, pornographic, privacy invading, hateful, defamatory or libelous messages on CASD's List Serve. I agree and understand that personal attacks on any other person are prohibited.
III. EXPECTATION OF PRIVACY/CONFIDENTIALITY
I understand that even though CASD's List Serve is a closed e-mail service for those CASD members who have signed the Conditions for Use, mail on the internet is not secure and may find its way to other persons. I also am aware that a large audience will see my List Serve messages, and that messages are archived and may be stored for a long time and are available for searching as a benefit to List Serve subscribers. I understand that CASD is not responsible for the consequences of any posting, including breaches or losses of confidentiality. All List Serve users have access to each message and it is possible members will disseminate the information to non-List Serve members, such as friend or foe, defense attorneys, prosecutors, mediators, judges, news media, legislators, etc. CASD cannot and does not control the dissemination of messages received on the List Serve.
IV. SANCTIONS FOR VIOLATION OF CONDITIONS FOR USE
a. I understand and agree that if the CASD Executive Director, in his/her discretion, determines that I have violated any term of the Conditions for Use, I may be immediately and without warning, suspended from the CASD List Serve for a period of time as determined appropriate by the Executive Director, but in no event to exceed 90 days.
b. I understand and agree that the CASD Executive Director may refer any violation of any term of the Conditions for Use to the CASD List Serve Committee. If the CASD List Serve Committee determines that I have violated any term of the Conditions for Use, my List Serve privileges may be suspended for up to one year or may be permanently revoked. I further agree to cooperate in any investigation of alleged violations of the Conditions for Use. I understand that I have the right to petition the CASD Board of Directors for review of any sanctions which shall be decided by a majority vote.
V. TECHNICAL REQUIREMENTS
I understand the List Serve is an email-based system and I agree to install and regularly update a reputable virus detection program so that I do not catch or spread viruses on the List Serve.
VI. RESERVATION of RIGHTS
I understand that CASD reserves the right to change the requirements for participation in its List Serve service at any time and to require participants to sign updated Conditions as a condition of continued participation in the CASD List Serve.
VII. INDEMNITY and HOLD HARMLESS
a. I agree that CASD is not responsible for the contents of any List Serve message, nor is it responsible for any errors or inaccurate information transmitted via its List Serve. I further agree that CASD has no liability for loss or damage from errors, omissions or viruses or other "bugs" transmitted via the List Serve service. In no event shall CASD be liable for any damages arising out of or in connection with the use of this List Serve or information posted on it.
b. I agree to accept full personal responsibility for any actions performed or messages sent using my email address, including copyright infringement, briefs, declarations, depositions or expert testimony subject to outstanding confidentiality agreements or orders, or any other legal actions which may be brought against CASD as a result of information posted by me. I further agree to defend, indemnify and hold CASD and TrialSmith harmless for any cause of action arising out of my actions or messages sent using my email address.
VIII. LIST SERVE USERS GUIDE
a. The messages on CASD's List Serve are archived and may be stored for a long time. They are available for searching as a benefit to List Serve subscribers. You should be aware the List Serve users change on a weekly basis and archived messages may be accessed by everyone.
b. Please remember we all practice under the Code of Conduct adopted by the San Diego County Bar Association (which is attached).
c. Please state concisely and clearly the specific topic of the comments in the subject line. This allows members to respond more appropriately to your posting and makes it easier for members to delete messages quickly that do not interest them, and for members to search the archives by subject.
d. Please include only the relevant portions of the original message in your reply, delete any header information and put your response before the original posting so the readers will not have to scroll through the original message to read the one you’re sending.
e. Only send a message to the entire list when everyone can benefit from it. For example, send messages such as "thank you" and "me too" privately directly to the individual to whom you are communicating. You can do this easily by using your e-mail application's forwarding option and typing in or cutting and pasting in the e-mail address of the individual to whom you want to respond. (Please highlight and copy the sender's e-mail address which appears in the beginning of each message and then use the paste function to insert it into the "To" section of your response deleting the CASD list serve address.) There is also a "Reply to Sender" button on each List Serve email.
f. Please do not send administrative messages, such as "take me off list serve for a period of time" or changes of e-mail addresses to the entire list. You may send such messages directly to the CASD office by sending it to casd@casd.org
g. Please do not send a message which is simply "yes," "no," or "I agree," etc., to the entire list without more substance as to what you are attempting to respond to. Without the substance, the message is meaningless to the rest of us.
i. Try to keep as much anonymity as possible in your "hypothetical" questions. It is possible that a CASD member on the list serve is representing an opposing party in your case. Please be mindful of your ethical duties for client confidentiality.
j. The List Sever is not a Chat Room. Although frivolity is welcome at times, it should not consume the majority of messages.
Questions about the List Serve should be directed to the CASD office casd@casd.org or 619-696-1166.
I CERTIFY THAT I HAVE READ THE LIST SERVE CONDITIONS FOR USE, I UNDERSTAND ITS TERMS AND CONDITIONS, AND I AGREE TO COMPLY WITH AND BE BOUND BY ALL SUCH TERMS AND CONDITIONS.