This is usually the part of the website where every other word is legalese and the law firm works so hard in an attempt to disclaim responsibility for any information on the website that you may begin to wonder whether there is anyone actually capable of practicing law there. These are the types of disclaimers that state things such as: “you should not rely on the Website in making any decision, taking any action or refraining from taking any action.” Does that mean you shouldn’t rely on the website in deciding whether to retain the law firm? The unfortunate truth, though, is that this and most of the other language is actually necessary to protect both the law firm and, ultimately, you as a potential litigant and client. So, for that reason and in case you were disappointed to not be immediately inundated with disclaimer language, you’ll find that language later on below.
But here’s the truly critical point: legal advice depends on knowing the unique facts of your case and then applying the law to those facts. Because we are not aware of the facts of your particular case, the information on this website is simply that – information, not advice. While the information on this website is intended to be useful and is prepared to the best of our ability, depending on the facts of your specific case the information may be inapplicable or even inaccurate. So if you are involved in litigation, please do not act – or refrain from acting – solely on the basis of the information on this website. Please contact an attorney so that you can receive actual legal assistance.
One more point: although we certainly welcome the opportunity to have you as a client, simply learning about our firm or reading one of our non-Pulitzer award-winning articles does not automatically make us your attorneys. This is important because any posts or comments made on this website and any e-mails sent using this website are likely not (our apologies for slipping in that one piece of legalese prematurely) protected by the attorney-client privilege. If you are interested in hiring us to be your attorneys, please contact one of our attorneys directly. And with that, here is the disclaimer language we know you have been waiting for with bated breath:
Last updated August 2015.
Access to and use of material appearing on the Baker, Keener & Nahra, LLP (hereinafter the “Firm”) website (hereinafter the “Website”) are subject to these terms and conditions (hereinafter the “Terms”). By accessing and viewing the Website, you expressly agree to these Terms and each of them. Information on the Website, including but not limited to blogs, articles and posts and the Terms, may be modified at any time and those modifications shall be effective immediately upon posting on the Website. Your continued access or use of the Website after the modifications have become effective shall be deemed your conclusive acceptance of the modified Terms.
All of the attorneys of the Firm are licensed to practice law in the State of California. Certain lawyers may also be licensed to practice in other states; however, nothing contained herein may or should be taken as an offer of representation or of the practice of law in any state outside of California. Except where expressly indicated, the attorneys identified on the Website are not certified by the Texas Board of Legal Specialization and are not certified as a specialist in any practice area by the Tennessee Commission on Continuing Legal Education and Specialization. Pursuant to the California Rules of Professional Conduct, the member of the firm responsible for this Website is Phillip A. Baker. “Baker, Keener & Nahra, LLP” and the “BK&N” symbol are service marks of Baker, Keener & Nahra, LLP and all rights thereto are expressly reserved.
Under California’s Rules of Professional Conduct, some materials contained on this Website may be considered attorney advertising. Statements about prior results do not guarantee a similar outcome. Results depend upon a variety of factors unique to each representation. Some photos on this web site may be of actors or other persons who otherwise carry no affiliation with the Firm.
NO LEGAL ADVICE OR ATTORNEY-CLIENT RELATIONSHIP
The Website is not an offer to represent you. Although prepared by professionals, the materials on this Website are for general information purposes only. The information contained in this Website is provided solely for those who may wish to know information about the Firm. This information may not reflect current legal developments and is general in nature. It should not be relied upon or construed as legal advice and is not a substitute for obtaining legal advice about a specific question from an attorney licensed in your state. Similarly, submission of an email or other communication to the Firm or any of its attorneys through the Website does not create any attorney-client or other privileged or confidential relationship and we have the right to use or disclose any such information that has been submitted to the Firm or its attorneys. Accordingly, do not disclose any information to us that you wish to remain private or confidential. If you intend to send any confidential information to the Firm via email or by posting any of Your Content (as hereinafter defined) to the Website, you should speak first with one of our lawyers and obtain authorization to do so.
Although the Firm periodically adds, changes, improves or updates the information and documents on this Website, we make no guarantee that the information on this Website is up-to-date, accurate or complete. Accordingly, you should not rely on the Website in making any decision, taking any action or refraining from taking any action and should you choose to do so we make no guarantee or warranty as to the result. For more specific, comprehensive and up-to-date information, or for help with particular factual situations, you should seek the opinion of licensed legal counsel.
You agree to assume all responsibility for your use of, or access to, this Website, including your access to any literature obtained through the Website, and waive all claims or causes of action against the Firm, its partners, officers, employees, agents or affiliates in connection therewith.
CONTENT THAT YOU UPLOAD OR OTHERWISE TRANSMIT
Your Content Copyright Policy, Representation and Indemnity.
You are wholly responsible for any Content that you upload or otherwise transmit to the Website (“Your Content”), whether Your Content consists of text, photographs, pictures, art work, or other data types, such as audio, video or multimedia. It is illegal to reproduce or distribute copyrighted material without the permission of the copyright owner or to use trademarks without the permission of the trademark owner. You are responsible for assuring that none of Your Content that you transmit to the Website violates any copyright or trademark right, and that it complies with section 4.2 of these Terms. Before transmitting Your Content to the Website, you should assure that Your Content is your own or is in the public domain and therefore not subject to copyright protection, or that you have the consent of the copyright or trademark owner to use the material. By uploading Your Content to the Website: (i) you grant us a limited, royalty free and non-exclusive license to use, adapt, transmit, transfer, store, copy and display Your Content in connection with our operation of the Website or otherwise as we may see fit; and (ii) you represent and warrant to us that Your Content is in the public domain, or that you have all right, title and interest in and to all copyrights in Your Content, or that you have the express permission to copy and use Your Content for all purposes. You further represent that the Your Content does not violate or infringe upon the proprietary rights (including privacy, moral or publicity rights) of others.
Your Content Policy and Acknowledgement; Compliance with Law.
You may not upload to the Website any of Your Content that (a) infringes any copyright, trademark, right of privacy, right of publicity, or any other right of a third party; or (b) is unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane or offensive to the community or to any reasonable segment thereof. (Content of the type described in clauses (a) and (b) is referred to, collectively, as “Inappropriate Content”). Any and all of Your Content is governed by applicable laws (including laws which prohibit infringement of copyrights and trademarks, obscenity, pornography, child pornography, or child abuse). We have no obligation to monitor any of Your Content. However, we reserve the right at all times to review Your Content, to disclose Your Content as necessary to satisfy any laws, regulations or government requests, to report any potential violations of law to law enforcement authorities, to refuse to post or transmit any of Your Content and to remove any of Your Content that is, in our sole judgment and discretion, objectionable or in violation of these Terms.
You agree to indemnify the Firm and its employees, representatives and agents and hold them harmless from and against any and all losses, damages, costs or expenses, including reasonable attorneys’ fees, arising out of (a) any claim by a third-party that any of Your Content (or the use thereof) constitutes an infringement or other violation of such third-party’s trademark, copyright, intellectual property rights or other rights, (b) your use or submission of any Inappropriate Content, (c) any violation of law by you, (d) any breach by you of these Terms or (e) your use of the Website. You shall cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you. Your obligation to indemnify and hold us harmless shall survive any expiration and termination of these Terms.
If you believe a photograph, text or other Content on our Website infringes your copyright, please provide us the following information relevant to your claim: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works at that site; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material; (4) information reasonably sufficient to permit us to contact you, such as your address, telephone number, and, if available, an electronic mail address at which you may be contacted; (5) a written statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) a statement by you, made under penalty of perjury, that the information in the notification is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
You may submit your notice of claim of copyright infringement to:
633 West 5th St., Suite 5500
Los Angeles, CA 90071
JURISDICTION AND APPLICABLE LAW
These Terms and your use of the Website shall be governed by the laws of California without regard to choice or conflicts of laws principles. Any legal action or proceeding related to this Website shall be brought exclusively in a federal or state court of competent jurisdiction in the County of Los Angeles in the State of California.