Texas Probate Mailing List Policies
Revision date: January 26, 2011
Following are the policies of the Texas Probate email mailing list and related portions of The Texas Probate Web Site.
1. Purpose. The purpose of the list is to provide a forum for the exchange of information among licensed Texas attorneys who practice in the estate planning, probate and trust law areas. This purpose should be kept in mind when composing a post to the list.
2. Application. These policies apply to (a) posts to the list, (b) responses to posts to the list, (c) list archives, (d) those portions of The Texas Probate Web Site requiring a professional membership to access, and (e) the use, reproduction or dissemination of any of that information or intellectual property. When capitalized in these policies, "Post" shall be used generally to cover any information posted to the list, any information contained in comments or responses to posts, any information found in the list archives and any information found on The Texas Probate Web Site. By subscribing to the Texas Probate Mailing List or applying for a professional membership in The Texas Probate Web Site, you consent to these policies and agree to comply with them. Persons who violate these policies may be excluded from the list and may have their professional membership in the Texas Probate Web Site terminated without notice.
3. Professional Membership. In order to access list messages, archives and indexes on The Texas Probate Web Site, list members must join the site as a professional member by completing and submitting this form. Professional membership is open to attorneys and other estate planning professionals. If you are a licensed Texas attorney, you must submit your bar number for verification. If you are not a licensed Texas attorney, you must establish your bona fide relationship to estate planning. Note that professional membership in the web site is optional -- persons may subscribe to the list without being professional members of the site. List members who choose not to become professional members of the web site will not be able to access the mailing list resources on the site.
4. Posting by persons who are not licensed Texas attorneys. While not strictly prohibited, postings by non-licensed Texas attorneys are discouraged. The list is for frank discussion among attorneys of legal issues, not a forum for free legal advice. Here are a few exceptions to the no non-attorney posting rule:
- Judicial/county clerk personnel. Judges, court personnel, and clerk personnel who actively handle probate matters are welcome to post (and respond to posts) on relevant topics.
- Out-of-state attorneys. Attorneys who are licensed in other states who have Texas-related questions are welcome to post.
- Paralegals, etc. Paralegals, legal assistants, etc., employed by licensed Texas attorneys may post relevant questions to the list on behalf of the attorneys for whom they work.
- Non-attorney tax professionals. CPAs, etc., with tax expertise may participate in discussions on tax topics.
5. Poster's firm name and city of practice. Persons posting to the list should include their full names, firm name (if they practice in a firm) and city of practice in each post. Attorneys who don't practice in a firm should identify themselves as an attorney. Non-attorneys who post to the list (see #4 above) also should include that fact in their posts. Examples:
Jakes and Jakes
6. Business solicitations. Business solicitations and direct advertising are not permitted. Here are specific rules regarding certain business-related postings:
- Announcements of the new addresses or web sites of attorney list members are permitted.
- Announcements of new publications (on the web or otherwise) or upcoming speeches on relevant legal topics by attorney list members are permitted.
- Requests for information about estate planning attorneys who practice in a different part of the state or country are permitted (e.g., "I need a probate attorney in Childress"). The subject lines for these posts should clearly identify the nature of the request (e.g., "Need Probate Attorney in Childress").
- Firm notices of estate and probate attorney positions available (job openings) are permitted. The subject lines for these posts should clearly identify the nature of the request (e.g., "Associate Position Available in Houston" and should ask list members to respond privately to the poster's email address. Responses should be made privately to the poster's email address and not to the entire list.
- Employment notices for non-attorney positions are NOT permitted (e.g., no notices regarding secretarial or paralegal openings).
- Posts by persons seeking employment (e. g., "I need a job!") are NOT permitted.
- Office space for rent, posts about looking for office space and solicitations for office-sharing arrangements are NOT permitted.
7. Anti-spam/anti-virus rules.
- All posts must come from email addresses which are subscribed to the list. If you post something to the list, you should receive a copy of it from the list address. If you don't, it is probably because your computer attached a non-subscribed address to the message. You should check your subscription (for example, unsubscribe the "bad" address and resubscribe with the "good" address) and resend the message.
- Posts with attachments are prohibited. Many viruses spread through attachments, so the list prohibits attachments. Never open an attachment to a list message.
- Unsolicited bulk email (spam) is prohibited. Spammers are subject to expulsion from the list. Persons who violate list policies (especially repeat offenders) are subject to expulsion from the list.
- Do not respond to spam by hitting the "reply" button. Do not respond to spam by posting to the list. If you hit the reply button, it is likely that your response will be sent to everyone on the list, making the spam problem that much worse. If you wish to correspond with the list owner about a spam problem, send email to firstname.lastname@example.org.
8. Consider responding privately. List members should try to make every posting to the list count by asking themselves, "Is this something other list members will be interested in?" For example, most list members are not interested in reading a post thanking others for responses to the list (unless that response contains useful additional information). If you wish to thank someone for a response, send that message privately. Non-substantive responses or posts (like thank you posts) will not be archived on The Texas Probate Web Site. Note that private responses will not be archived on the web site, so if you think your email may be of interest to future list members searching the archives, please post it to the list.
9. Copyright information; use of Posts. Unless otherwise noted in the Post, all Posts are subject to the Creative Commons -- Attribution, Non-Commercial Use, No Derivation copyright. Persons posting information to the mailing list own their own posts, but each person posting to the list gives Glenn Karisch a non-exclusive license to use the Post or any portion thereof free of charge.
10. Non-confidentiality of Posts. All Posts are non-confidential. Since anyone may subscribe to the list, list messages may be accessed by the members of the public. Through the use of professional memberships to the Texas Probate Web Site, Glenn Karisch will attempt to deny public web access to posts to the list, but he does not guarantee that members of the public will be unable to access information in Posts.
11. Nature of list postings; conditions for use. Each Post and related information on The Texas Probate Web Site (including but not limited to posts, comments, archives and indices) are subject to the following conditions and qualifications, whether or not these conditions or qualifications appear on each Post:
- Non-reliance. No one (attorneys and non-attorneys alike) may rely on the correctness or accuracy of any Post. The content of each Post is provided "AS IS" and without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Posts may include technical inaccuracies or typographical errors, and changes may be made from time to time without notice.
- Posts are not legal advice and no attorney-client relationship is established. Posts are general discussions and do not constitute legal advice. No attorney-client relationship is established between the person making the Post and any other person. No attorney-client relationship is established between Glenn Karisch/The Karisch Law Firm, PLLC, any any other person. If legal advice or other expert assistance or services are required, the services of a competent professional person should be sought.
- Circular 230 Notice. To comply with requirements imposed by the Internal Revenue Service, we any tax advice contained in any Post is not intended or written to be used, and cannot be used, by any person for the purpose of avoiding tax penalties that may be imposed on the person. Posts are not intended to be used or referred to in connection with the promoting, marketing or recommending of any transaction(s) or matter(s) and may not be relied upon by any person as such.
- Citing Posts Prohibited. No Post may be quoted or cited in any pleading or other court filing.
- Posts are not reviewed for accuracy, copyright infringement or appropriateness. Neither Glenn Karisch nor The Karisch Law Firm, PLLC, monitors or reviews Posts to determine whether or not they are accurate, infringe on someone's copyright or are appropriate. Neither Glenn Karisch nor The Karisch Law Firm, PLLC, determines if the subscribers who make Posts are who they say they are or that they are engaged in the business of rendering of legal, accounting, or other professional advice or services.
- Posts are individual and do not represent organizations or governmental agencies. Posts are from individuals only and do not represent the views of any firm, court, agency, organization or other group or entity. The fact that the name of a firm, court, agency, organization or other group or entity appears on a Post does not associate that firm, court, agency, organization or other group or entity with that Post or the information contained in the Post in any way.
12. List owner. Glenn Karisch of Austin, Texas, is the owner and manager of the Texas Probate Web Site and mailing list. He reserves the right to make totally arbitrary and capricious decisions about the list (grin). If you have any comments or suggested changes to the policies, please post your comments or suggestions to Glenn Karisch PRIVATELY at email@example.com. Also, if you notice noncompliance with these policies in postings by your fellow subscribers, (a) don't sweat the small stuff and (b) please post your objections PRIVATELY and politely to the offender and to Glenn Karisch at firstname.lastname@example.org.