CATLA LIST SERVER USER AGREEMENT

In order to participate in any CATLA List Server, CATLA members must sign this CATLA List Server User Agreement (“Agreement”).

In consideration of participating in the CATLA List Server(s), I agree to the terms and conditions outlined in this Agreement. I understand that CATLA may modify the terms and conditions of this Agreement from time to time including, but not limited to, the right to impose access and usage limitations, and that such modifications shall be effective upon written notice to me.

1. I submit that I meet the following requirements for CATLA membership: I am a member in good standing of the State Bar of Texas possessing an active license to practice law, who is not on probation or suspended from the practice of law or am a similarly licensed out of state lawyer not licensed by the State Bar of Texas who does not regularly and consistently represent insurance companies, corporations, utility companies and/or defendants in actions filed by individuals who have been injured or damaged and am not associated with a law firm that regularly and consistently represents insurance companies, corporations, utility companies and/or defendants in actions filed by individuals who have been injured or damaged. Moreover, I am not an employee of an executive branch agency of state or federal government.

I recognize that this list server is intended solely as a useful resource for the prosecution of plaintiff personal injury cases, and is not to be used to assist or advance the defense in any such matters. Accordingly, in the event I cease to meet these membership requirements I will immediately notify CATLA and request that CATLA remove me from the list server. Moreover, in the event that I should become: (a) a defendant in an action, (b) counsel for a defendant; (c) aware that a friend or relative is a defendant in an action; or (d) aware that either I, a friend or relative sits on the board of an entity – or is otherwise affiliated with the management or ownership of an entity -- that is a defendant in an action; then I will make a very prompt inquiry as to whether the plaintiff’s attorney is a member of this list server. If so, as a matter or courtesy, I will immediately notify the attorney for the plaintiff of my participation on the list server. If thereafter I should learn that the plaintiff’s attorney has joined the list server, I will make the same notification at that time.

2. I agree that all electronic communications on the CATLA List Server(s) will be used for business purposes only and in accordance with CATLA’s policies and procedures. Accordingly, I agree to abide by the following rules:

A. No off topic posts are allowed. The CATLA List Server(s) is intended to be a professional information exchange forum and not a discussion forum. All posts should either furnish information that might be of professional benefit or interest to CATLA members or be an inquiry that has some reasonable relationship to the legal profession. See List Server Acceptable and Unacceptable Posts, which is incorporated herein by reference.
B. List Server(s) participants must reply privately to requests unless the reply is likely to benefit participants other than the recipient. See List Server Acceptable and Unacceptable Posts, which is incorporated herein by reference.

3. I will not use the list server(s) to:

send any messages containing defamatory, abusive, profane, threatening, offensive or illegal information or materials including those related to race, color, creed, sex, age, national origin, ethnicity, or sexual orientation;

• discuss my business policies or practices with competitors in any anticompetitive context;

• list any copyrighted material or information without the consent of the copyright owner;

• discuss the fees I charge for any legal services, my fee agreements, employee salaries, or any information that might be construed as price fixing, a boycott, an illegal restriction of free trade or any other antitrust violation;

• obtain information that may be used in the defense of any case;

• solicit funds for political, charitable or personal causes or events;

• make an attack on a judge or attorney that would be in violation of Rule 8.02 of the Texas Rules of Professional Conduct or The Texas Lawyer’s Creed;

• use such terms as “Please Destroy When Read,” “For Your Eyes Only,” “No Copies” or similar phrases.

• post messages in violation of List Server Acceptable and Unacceptable Posts, which is incorporated herein by reference.

  •  
  • 4. I understand and acknowledge that the CATLA List Server(s) may not be totally private and may contain discoverable statements or information.
  • 5. I will not voluntarily disclose any material or information I obtain, either directly or indirectly, from the CATLA List Server(s) to anyone who is not authorized to receive such information, except as authorized by this paragraph. This provision applies to all postings on the CATLA List Server(s) and to all private replies or responses sent outside the CATLA List Server(s) that are related to any CATLA List Server(s) posting. I understand, however, that this Agreement does not prevent me from using the material or information obtained from the list server(s) in my legal practice, or to sharing information otherwise in the public domain, provided (a) under no circumstances shall I disclose the source of such information as being from a CATLA List Server or any member thereof, and (b) under no circumstances shall I disclose any opinions, comments or observations expressed by any member of a CATLA List Server.
  • 6. I agree that I will not sell or distribute for profit any of the information, documents or materials I obtain from the CATLA List Server(s) or its members under any circumstances.
  • 7. I understand that I may be held individually liable for any communications I send on the CATLA List Server(s) including, but not limited to, defamatory, discriminatory, antitrust, anticompetitive, false, or unauthorized information. I also understand that I must comply with all state and federal copyright, trademark and patent laws and regulations.
  • 8. I agree to indemnify, defend and hold harmless CATLA and its respective subsidiaries, affiliates, officers, owners, agents, employees, parents, insurers, successors or assigns from and against all loss, claims, demands, causes of action, liabilities, expenses, including reasonable attorney’s fees and costs arising from any claim arising out of or resulting from, in whole or in part, (a) any breach of the Agreement by me or (b) any omission or act taken or committed by me.
  • 9. I agree that in no event shall CATLA be responsible to me for any indirect, consequential, special or punitive damages or losses I may incur in connection with any CATLA List Server or any of the data or other materials transmitted through or residing on any CATLA List Server, even if CATLA has been advised of the possibility of such damage or loss.
  • 10. I acknowledge that CATLA may remove me from the list server(s) for violating this agreement and that such violation may result in termination of my membership in CATLA.
  • 11. This Agreement shall become effective upon approval and execution by CATLA in Austin, Texas, and shall continue in force until terminated by me in writing. Notwithstanding the foregoing, CATLA may terminate this Agreement immediately upon written notice to me.
  • 12. This Agreement shall be governed by and construed under the laws of the State of Texas. If either CATLA or I fail to notify the other of any violations of this Agreement, this will not mean that CATLA or I cannot notify the other of future violations of any part of this Agreement.
     

Please click here to finish the list server agreement.