WSAJ List Serve Rules and Etiquette
Nonmembers are not to be allowed access to any messages or attachments you have downloaded, except for your support staff instructed to follow these List Serve Terms of Use. Except for information marked as publicly available or permitted for disclosure, you may not disclose information received through this list, except as permitted by these terms and you must receive an enforceable commitment from the recipients to abide by the nondisclosure terms.
 
It is of utmost importance that you insure downloaded messages and material not be accessible to attorneys whose practice is primarily tort defense litigation. Except for material available for use publicly, you may not share any e-mail, posted information, or documents obtained from or through the List Serve with any law firm, attorneys or staff working for lawyers whose practice is primarily tort defense litigation. If you work in a law firm with attorneys whose practice is primarily tort defense litigation, you are required as a condition of access to the List Serve to take all measures necessary to prevent those attorneys and their support staff from being able to access any of your e-mail or attachments obtained from WSAJ Lists.
 
Denial of Access
 
WSAJ reserves the right to restrict access to one or more lists and bar or remove an attorney or law firm from a list or lists for any of the following reasons: (i) violation of List Serve terms of use; (ii) having as part of your law practice, or of other businesses or interests, an interest that conflicts with the purposes and mission of WSAJ; (iii) filing in a proceeding a copy of a List Serve transmission without either permission of the author or pursuant to court order entered after notice to the author and WSAJ. (A "proceeding" is any action, suit or proceeding, whether civil, criminal, administrative or investigative and whether formal or informal.) If you believe you or your law firm has been wrongfully denied access, barred or removed from a list, you may appeal such action by sending a Request for Reconsideration to the WSAJ Executive Director. If the Executive Director denies the Request for Reconsideration, then within 30 days of the date of the written denial you may appeal to the WSAJ Executive Committee, and as part of your written appeal you may request an oral hearing. The Executive Committee's decision on the merits of your appeal is final.
 
General Guidelines on Use
  • Do not post racist, sexist or other derogatory remarks or jokes that might be offensive to other people.
  • Without permission from WSAJ or the owners of the addresses, do not sell or transfer for commercial or charitable purposes any e-mail addresses acquired from the List Serve.
  • Do not endorse candidates and do not solicit contributions for causes or political candidates. 
  •  Messages posted on WSAJ's List Serves may not be posted or forwarded to other lists without permission from the author.
  • Do not use the list to advertise CLE programs except WSAJ's. 
  •   Do not use the lists to recruit new associates, partners, or legal staff. This can be done best by putting an ad in Trial News or posting it on the WSAJ job bank. 
  •  Before sending an attachment to the list, please scan your document for viruses. Your virus detection program must be updated to the most current release and update from your provider. 
  •  Keep paragraphs and messages short. 
  •  Focus on one subject per message and always include a pertinent subject title for the message.
  • Always sign your message with your name and preferred e-mail address. 
  •  Send all e-mail and attachments to the list in text format, not HTML or other formats.
  • The most appropriate and confidential way to respond to most messages is to reply to the sender only ("Reply' or 'reply to sender'). If your reply is truly of interest to the entire list, you should choose the option 'Reply to all' and your reply will be posted to the entire list (and anyone else the message was sent to).
Restrictions on Transmitting Materials
 
You are responsible for all content that you upload, post, e-mail or otherwise transmit. Although WSAJ does not generally control transmissions, WSAJ retains the right to bar any user who violates any of the List Serve Terms of Use, including transmission of objectionable material. You agree to follow the General Guidelines on Use and not to transmit:
  • Content that is threatening, abusive, harassing, defamatory, libelous, pornographic, obscene, invasive of another's privacy, otherwise tortious or unlawful, hateful, or is racially or ethnically objectionable. 
  • Material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or which negatively affects other users' ability to upload, download, communicate in real time, or utilize features as they have been designed to function.
  • Material that violates a copyright, license, right of privacy, right of publicity, trademark, privilege, right of confidentiality, fiduciary obligation, trade secret, employment obligation, agreement or other restriction on use.
  • Material whose use is authorized only when accompanied by a copyright notice, source credit or other required marking or language, unless accompanied by the required marking or language.
  • Content that constitutes, encourages or provides instructions in committing a criminal offense, violation of another's rights, conduct which is likely to give rise to liability or violation of Court Rules or Rules of Professional Conduct, or violation of these List Serve Terms of Use. 
  • Advertisements, solicitations, promotions or announcements of goods or services for commercial purposes, except for the purpose of sharing information with users about third party services that are likely to be of interest to such users. In the event you do have a financial interest, you must disclose it.
  • Material that contains known falsehoods (unless for the purpose of disclosing and pointing out such falsehoods), including use of inaccurate identification of content, author, source, your identity or affiliation. 
  • Content outside the stated purpose and scope of the List.
  • Briefs, declarations, depositions or expert testimony subject to outstanding confidentiality agreements or orders, unless in compliance therewith. You must delete material that reveals client confidences, secrets, trade secrets or privileged information, unless the client consents to posting or revelation of the information.
By transmitting material via the List Serve you do so at your own risk and expense with full knowledge of these List Serve Terms of Use. WSAJ will notify users of their breach of these Terms of Use when WSAJ learns and has reasonable evidence or confirmation of a breach. WSAJ does not undertake in any other manner to protect material transmitted by users. If another user violates the copyright or other restriction on use applicable to material you have transmitted, WSAJ will cooperate with your enforcement efforts by providing you non privileged information easily available to WSAJ from its records. WSAJ does not commit to undertake any enforcement efforts itself with respect to such violations, but may bar violators and their law firms from the Lists and from WSAJ membership.
 
Warning of Possible Third Party Access
 
Even though the WSAJ list is private and intended only for the use of members, and WSAJ prohibits transmission of materials to non-members, we cannot guarantee confidentiality. E-mail is easily forwarded and in some offices e-mail is accessible to a variety of people despite the users' commitment to these List Serve Terms of Use. Some firms have a mixed practice, representing both plaintiffs and defendants. Be aware that defense counsel may obtain or have a copy of your e-mail. Consider your comments to be public. Therefore be professional and careful about what you say.
 
Disclaimer
 
UNLESS OTHERWISE STATED, VIEWS AND OPINIONS EXPRESSED ON THE LIST SERVES HAVE NOT BEEN APPROVED BY WSAJ AND DO NOT NECESSARILY REPRESENT THE POLICY OF WSAJ. WSAJ MAKES NO WARRANTY OR GUARANTEE CONCERNING THE ACCURACY OR RELIABILITY OF THE CONTENT. WSAJ DOES NOT SCREEN USER-GENERATED MATERIAL, NOR VERIFY THE SOURCE. WSAJ SUGGESTS YOU DO NOT RELY ON THE STATED IDENTITY, CONTENT OR SOURCE OF SUCH MATERIAL WITHOUT YOUR INDEPENDENT CONFIRMATION.
 
WSAJ IS NOT LIABLE IN ANY WAY FOR ANY CONTENT, INCLUDING ANY ERRORS, OMISSIONS OR CONTAMINANTS IN ANY CONTENT. WSAJ DOES NOT WARRANT THAT THE FUNCTIONS OR MATERIALS OF THE LIST SERVES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES SUCH MATERIALS AVAILABLE ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE RECEIPT OF LIST SERVE MATERIAL.
 
Confidentiality and Nondisclosure
 
These Terms of Use contain provisions addressing the confidentiality of the transmissions through this List and obligations of nondisclosure by users. By signing below or by using this List in any manner you agree to abide by the confidentiality and nondisclosure terms. This obligation continues in effect until and unless you receive permission from the source of the information to disclose it and you abide by the permitted terms and scope of disclosure. Whenever you disclose confidential information received through this list, it must be disclosed only as permitted by these terms and you must receive an enforceable commitment from the recipients to abide by the nondisclosure terms. By signing below you also acknowledge that remedies at law may be inadequate to protect against breach of the nondisclosure provisions and that WSAJ and the users of this List Serve may obtain an injunction to enforce these provisions without proof of damages. You further agree to notify the List Serve and request that WSAJ and the List Serve users have an opportunity to respond if you are requested or ordered by any governmental entity to disclose confidential information obtained through the List Serve, and you will seek an appropriate protective order for the confidential information. Information that becomes generally known to the public or the legal community without disclosure by you is no longer deemed confidential information.
 
WashingtonState Association for Justice
1809 7th Ave #1500
Seattle, WA98101-1328
(206) 464-1011
wsaj@washingtonjustice.org