List Servers

1. I practice law in Florida, in good standing with The Florida Bar and agree to the terms and conditions set forth below as an agreement between myself and TLEL, Inc. regarding my participation in and the use of the information shared in TLEL, Inc. discussion forums (also known as list servers; hereinafter “forums”). I know that my membership to the Florida Justice Association (FJA), formerly the Academy of Florida Trial Lawyers (AFTL), is a requirement to participate on the forums, and that I will be removed from the forums if my FJA membership lapses or if I am no longer a member in good standing. Furthermore, I agree that I have a continual obligation to keep all information originally provided on this application current with TLEL, Inc.; should any of the information provided change, it is my continuing and ongoing duty to inform TLEL, Inc. of any such changes. This agreement supersedes any previous similar agreements between TLEL, Inc. and myself. The provisions of this agreement will be enforced by TLEL, Inc., which shall mean officers of TLEL, Inc., its Board of Directors, or TLEL, Inc. staff members. I understand that the use of the forums is a privilege of TLEL, Inc.; membership, which will, at the Board of Directors’ of TLEL, Inc.’s sole discretion, be subject to disciplinary action (including but not limited to suspension or revocation of forum privileges or expulsion from TLEL membership) for my breach of the terms of this agreement. The only avenue of redress in the event of disciplinary action is an appeal to the Board of Directors of TLEL, Inc., which will, in its sole discretion, determine whether the disciplinary action should be upheld, modified in part, or rescinded.
2. I take full personal responsibility for any actions performed using my TLEL, Inc. email address. I understand I can only share any information that I post to the forums, or receive on the forums, only to other TLEL, Inc. members and accept full responsibility for any copyright infringement or any other legal actions which may be brought against TLEL, Inc. as a result of information that I post or share. In addition, if I find myself in opposition to a list member or a member of their firm on any of my cases, whether or not suit has been filed, i.e., pre-suit claims, I will immediately disclose that information by e-mail to both the individual I am opposing and all forums immediately. Similarly, if I am aware that another member of my Firm is in opposition to a list member or a member of their firm on any of my cases, whether or not suit has been filed, i.e., pre-suit claims, I will immediately disclose that information by e-mail to the TLEL Board of Directors. In the event that another Firm member is actively representing multiple defendants in legal matters, the TLEL Board of Directors will have sole discretion to decide whether you will be sanctioned, suspended or removed of forum privileges, or expelled from TLEL membership on all forums.
3. Further, I agree that TLEL, Inc. members may use the information subject to the conditions and restrictions placed on them by the provisions herein, and that TLEL, Inc. or any of its Board of Directors may appoint an entity to load this information into searchable databases or otherwise provide this information for fees or other consideration to TLEL, Inc. members. My name, address, and other contact information may be included in these searchable databases or other information collections.
4. I agree that under no circumstances may information obtained from TLEL, Inc.’s forums be used for commercial purposes that are not connected with the practice of law on behalf of a client or be entered into any other document, database, or information retrieval system except for litigation support databases under the control of the TLEL, Inc. member downloading the documents and used solely to support litigation efforts in which the downloading member is engaged. I shall not use my access to TLEL, Inc. forums for any commercial purpose; I will not solicit clients through such use; I will not offer items for sale for profit through such use; and I will not market forum users for any profit-making venture. I will not sell or disseminate any listings of TLEL, Inc. forum users to any person or entity (profit or nonprofit). I will not provide any copy, electronic or otherwise, of forum communications or the identity of forum participants to any other person or entity, except to forum participants.
5. I acknowledge, understand, and agree that the TLEL email discussion groups/list servers are private forums, where I and all other members intend that the respective email postings/transmissions of each member are private and confidential to members only and not intended for distribution to any other non-members, whether they are attorneys, paralegals, legal assistants, or anyone else in the public at large. Further, I acknowledge, understand, and agree that all members of the TLEL are attorneys and that information contained in said email postings may contain attorney client privileged information for consultation between TLEL members who are experts, and thus the email posting content is also work product privileged. I further understand all email postings or messages are property of TLEL and authorize TLEL to use those messages.
6. I acknowledge that I shall conform to appropriate Rules and Etiquette as stated herein and exhibit professional standards of conduct at all times on TLEL, Inc. forums.
7. If TLEL, Inc. makes an online document library available to the members to upload and download documents to TLEL, Inc. at any time, I will not forward or otherwise distribute forum messages to non-members. These materials are intended for the exclusive use of TLEL, Inc. members representing plaintiffs or potential plaintiffs in civil actions. Materials may not be furnished to a defendant, defense interest, criminal prosecutor, or any other person not assisting in your case, except as required under the law, and only pursuant to court order. If the materials are requested, demanded, or ordered to be produced, whether pre-suit or in suit, you are required to oppose the discovery, and contact TLEL, Inc. immediately upon being notified of the request or demand. The emails distributed through the forums are attorney-client and work product privileged, and will be regarded as such.
8. I realize, as with any Internet web site, TLEL, Inc. and its discussion forums should not be regarded as a secure system even though any email postings or messages are intended to, and should, be considered as attorney-client and work product materials. I understand that any use of materials obtained from TLEL, Inc. to assist in the defense of a civil action or the prosecution of a criminal action is explicitly prohibited, except by the written permission of the TLEL Board of Directors, and any such use may expose me or the person or persons using these materials in such a manner to ethical sanctions by TLEL, Inc. and/or the appropriate state or local bar association. I agree that every message that I send through the list servers and forums will be accompanied by information adequate to identify myself, which shall include as a minimum, my name, firm name, office location, telephone number, and email address. With the posting of each message to TLEL, Inc. forums, I certify that I continue to be qualified for TLEL, Inc. membership.
9. I understand and agree that TLEL, Inc. does not screen email content prior to posting and therefore does not approve, authorize, censor, edit, or otherwise exercise any discretion over the content of postings to the forums. The member posting any email is therefore solely responsible for the content of the posting. TLEL, Inc. does not endorse or recommend any products or services that may be discussed on the forums and any comments regarding the same are the personal views of the individual(s) making such posts.
10. I agree to be responsible for my acts and omissions, including all my postings to the forums, or sharing of any posts to the forums, and to hold harmless and indemnify TLEL, Inc., its officers, directors, agents, and employees in regard to any and all liability, claims, demands, suits, losses, costs, damages, attorneys’ fees, and any other expenses that the TLEL, Inc., its officers, directors, agents, or employees may sustain or incur by reason of any negligence, willful misconduct, intellectual property infringement, breach of this agreement, or any other act or omission by me or my agents or employees.
11. I agree that this constitutes an agreement between TLEL, Inc. and myself. These policies are subject to change, but are in effect now. My agreement with TLEL, Inc. will include these policies, even as they are amended, unless I notify TLEL, Inc. Differently-said amendments will not be effective until published by TLEL, Inc. on all its forums. A complete record of this transaction will be permanently saved. I understand that my continued participation on the forums is at the discretion of TLEL, Inc. and that I may be sanctioned, suspended or expelled from the forums for violating this agreement. I also understand that there is an annual fee to participate on the forums and that the fee is nonrefundable whether I am sanctioned, suspended, removed, or expelled from the forums, or choose to terminate my participation on the forums. No refund or credit will be given for any remaining portion of the annual fee in the event I am sanctioned, suspended, removed, or expelled from the forums, or choose to terminate my participation on the forums.

The TLEL, Inc. forums are open to attorney members of the TLEL, Inc. To ensure the best possible experience for all forum participants, we have established mandatory guidelines for participation.

By joining and using these forums, you agree that you have read and will follow this Agreement and the Rules and Etiquette set for these peer discussion groups. You also agree to reserve forum discussions for topics best suited to the medium. These forums are a great medium to solicit the advice of your peers, benefit from their experience, and participate in ongoing conversations.

In order to preserve a climate that encourages both civil and fruitful dialogue, TLEL, Inc. reserves the right, in its sole discretion, to sanction, suspend or terminate membership on all forums for any members who violate these rules.

Information posted on the forums is available for all to see, and comments you make or share are subject to libel, slander, and antitrust laws.

You are solely responsible for any posting from your email address. The following rules will be enforced regardless of whether a posting was an intentional violation.

Forum Rules

• Obscene, reasonably offensive, abusive, demeaning, inflammatory, threatening, defamatory, libelous, profane, intimidating, pornographic, illegal, or derogatory content in a message is prohibited.
• The discussions on the forums are meant to foster conversation, not create a contentious environment.
• If you do not agree with a member’s legal analysis, your response to the forum shall be professional and respectful.
• Self-promoting or unrelated commercial messages on any forum are discouraged. Contact people directly outside
  the forum with product and service information if you believe it would help them.
• Use caution and professional judgment when discussing any legal services and products.
• Off-topic posts in contravention to this Agreement are strongly discouraged. (To reply privately either click on the
  original author’s email address within the posting to send a new message directly to him or her OR use the “Reply
  ALL” feature in your email software and then delete the forum address from the “To” portion of the reply message).
• Sharing of posts and/or information obtained through the forums with non-TLEL forum members is strictly prohibited. You have an affirmative duty to immediately inform the Board of Directors of TLEL, Inc. by e-mail should you become aware of the sharing of any posts or information with non-TLEL forum members, regardless of
  whether you personally share any such posts and/or information with non-TLEL forum members.
• Access to the forums is non-transferrable and members are prohibited from granting access to the forums to non- TLEL members, law firm staff, associates, family members, or anyone. This includes creating shared folders or
  other methods for non-TLEL members to access the forum’s content.

Forum Etiquette

On all forum posts, messages, and responses, you must include your name, Firm name, office location, telephone number, and e-mail address. With the posting of each message:

• State concisely and clearly the topic of your comments in the subject line. This requirement allows members to respond more appropriately to your posting and makes it easier for members to search the archives by subject.
• Include only the relevant portions of the original message in your reply. Delete any header information and put your response before the original posting.
• Only send a message to the entire forum when it contains information that can benefit everyone.
• Send messages such as “thanks for the information” or “me, also” to individuals only–not to the entire forum.
• If you respond to a message posted by someone you know, and you use language intended for that person but which would not be appropriate for the entire forum, it is suggested that you rephrase the email or send it privately to the intended recipient(s). Do not post anything in a forum message that you would not want the world to see or that you would not want anyone to know came from you. It is strictly prohibited to post anonymously or in any manner which conceals your identity.