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READ THIS DISCLAIMER

RISKS OF USING E-MAIL -- Email has been likened to sending a postcard through the mail, with what you write visible to everyone. Wehner Law Offices offers the opportunity to communicate by e-mail. Transmitting sender or recipient information by e-mail, however, has a number of risks that senders and recipients must consider before using e-mail. These include, but are not limited to, the following risks:

  1. E-mail can be circulated, forwarded, and stored in numerous paper and electronic files.

  2. E-mail can be immediately broadcast worldwide and be received by many intended and unintended recipients

  3. E-mail senders can easily misaddress an e-mail.

  4. E-mail is easier to falsify than handwritten or signed documents.

  5. Backup copies of e-mail may exist even after the sender or the recipient has deleted his or her copy.

  6. Employers and online services have a right to archive and inspect e-mails transmitted through their systems.

  7. E-mail can be intercepted, altered, forwarded, or used without authorization or detection.

  8. E-mail can be used to introduce viruses into computer systems.

  9. E-mail can be used as evidence in court.

  10. E-mail is subject to monitoring by government and law-enforcement authorities, without the knowledge or consent of the parties, and may be subpoenaed or seized without legal process.

  11. E-mail may be viewed by system operators, hackers, and other unauthorized entities.

  12. Confidences, secrets, trade secrets, work product, material which indicates sender or recipient mental processes, sensitive business information, sensitive personal information, information which may be incriminating whether or not this is apparent, information which may whether or not this is apparent expose the sender or recipient to civil charges against or increase the liability of the sender or recipient, indiscretions are not safely sent or received by e-mail.

  13. There are many documented instances of successful hacking of e-mail and computer systems, software bugs, mistakes, government or private surveillance, and other instances which compromise or destroy the confidentiality of e-mail.

  14. To repeat, for emphasis, use of e-mail does not create an attorney-client relationship with Wehner Law Offices.

CONDITIONS FOR THE USE OF E-MAIL -- Sender or recipient will use reasonable care to safeguard Wehner Law Offices' e-mail system. Wehner Law Offices will use reasonable means to protect the security and confidentiality of e-mail information sent and received. However, because of the risks outlined above, Wehner Law Offices cannot guarantee the security and confidentiality of e-mail communication and will not be liable for improper disclosure of confidential information that is not caused by Wehner Law Offices' intentional misconduct. Thus, senders and recipients must consent to the use of e-mail, including agreement with the following conditions:

  1. All e-mails to or from the sender or recipient concerning diagnosis or treatment may be printed out and made part of the sender's or recipients records. Because they are a part of the our record, other individuals authorized to access the record, such as staff and billing personnel, will have access to those e-mails.

  2. Wehner Law Offices may forward e-mails internally to Wehner Law Offices, its agents and assign's staff and agents as necessary for reference, record-keeping, reimbursement, internal operations, archiving, system maintenance, and other handling. Wehner Law Offices may, also, forward e-mails to independent third parties without the sender's prior written consent, in its sole discretion, and as authorized or required by law.

  3. Wehner Law Offices, its agents and assigns do not read e-mail in any set manner, and in no wise represents it will read and respond promptly to an e-mail from the sender or recipient. Wehner Law Offices, its agents and assigns do not and cannot guarantee that any particular e-mail from the sender, or recipient, Wehner Law Offices, its agents and assigns that any particular e-mail will be read and responded to within any particular period of time. Thus, senders or recipients shall not use e-mail for legal emergencies or other time-sensitive matters.

  4. If the sender's or recipient's e-mail requires or invites a response from Wehner Law Offices, and the sender or recipient has not received a response within what the sender or recipient considers a reasonable time period, it is the sender's or recipient's responsibility to follow up to determine whether the intended sender or recipient received the e-mail and whether or when the recipient or sender or Wehner Law Offices may respond.

  5. The sender or recipient should not use e-mail for communication regarding sensitive legal, medical, personal, business, criminal, legal or other information, including health matters such as information regarding sexually transmitted disease, AIDS/HIV, mental health, developmental disability, or substance abuse.

  6. The sender or recipient is responsible for informing Wehner Law Offices, its agents and assigns of any types of information the sender or recipient does not want to be sent by e-mail, in addition to those set out in 1(i) and 2(e) above.

  7. The sender or recipient is responsible for protecting his/her password or other means of access to e-mail. Wehner Law Offices, its agents and assigns is not liable for breaches of confidentiality caused by the sender, recipient, or any third party.

  8. Wehner Law Offices, its agents and assigns shall not engage in e-mail communication that is unlawful, such as unlawfully practicing law across state lines.

  9. It is the sender's or recipient's responsibility to follow up and/or schedule an appointment if warranted.

  10. Wehner Law Offices is not a sender or recipient.

  11. Only the sender or recipient is responsible for making appointments.

  12. Sender or recipient will use reasonable care to safeguard Wehner Law Offices' e-mail system.

INSTRUCTIONS -- To communicate by e-mail, the sender or recipient shall

  1. Limit or avoid use of his/her employer's computer.

  2. Inform Wehner Law Offices, its agents and assigns of changes in the sender or recipient's e-mail address.

  3. Put the sender's and recipient's full legal name and address in the body of the e-mail.

  4. Include the category of the communication in the e-mail's subject line, for routing purposes (e.g., billing question).

  5. Review the e-mail to make sure it is clear and that all relevant information is provided before sending to Wehner Law Offices, its agents and assigns.

  6. Take precautions to preserve the confidentiality of e-mails, such as using screen savers and safeguarding his/her computer password.

  7. Withdraw consent only by written communication, receipt of which is verbally acknowledged by a responsible attorney, to and with Wehner Law Offices.

SENDER AND RECIPIENT ACKNOWLEDGMENT AND AGREEMENT
I acknowledge that I have read and fully understand this consent form. I understand the risks associated with the communication of e-mail between Wehner Law Offices, its agents and assigns and me, and consent to the conditions outlined herein. In addition, I agree to the instructions outlined herein, as well as any other instructions that Wehner Law Offices may impose to communicate with senders or recipients by e-mail. Any questions I may have had were answered to my satisfaction.

 

 
 

Disclaimer
Copyright 2006 by Wehner Law Offices.  All rights reserved.
The Wehner Law Offices website does not offer legal advice.
If you have a legal question, you should seek the services of an attorney.
West Virginia law governs this web site at all times.
Do not email sensitive information.


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