Delaware Trial Lawyers Association

Delaware Trial Lawyers Association

Listserve Policies

In May 2016, the Delaware Trial Lawyers Association (DTLA) Board of Governors voted to adopt the following listserve policies.

As a “Regular,” “Paralegal,” or “Public Defender” member of DTLA (hereafter referred to as Members), you are entitled to participate on the association listserves. This free membership benefit will allow you to send an email message instantly to most of your DTLA colleagues. You can use this service to share case strategies, obtain information on expert witnesses, stay on top of current legal issues, and to direct your colleagues to valuable resources.

DTLA has 3 interactive membership lists: a general listserve (DTLAList@lists.trialsmith.com), a workers’ compensation practitioners listserve (DTLAWorkComp@lists.trialsmith.com), and a Triad listserv (DTLATriad@lists.trialsmith.com; for DTLA members who contribute to DTLA over and above their annual membership dues). Members must sign and return this document before they are given access to any of the above association lists.

If a member changes their email address, firm affiliation or the nature of their practice, it is the Member’s obligation to notify DTLA immediately.

Restrictions on Use

• You are not permitted to use any DTLA list to advance or defend the interests of any insurer or civil defendant in any matter.

• You may not forward or publish list correspondence to a person or firm involved in the defense of any matter that is the subject of any list correspondence.

• Non-members are not allowed access to any messages and/or attachments you have received and/or downloaded, except for your support staff who have been instructed to follow these listserve guidelines.

• Violations of these restrictions can lead to the revocation of your access to the listerve and/or your expulsion from DTLA.

• If a Member’s practice changes such that one-third (33.33%) or more of his or her practice consists of representing insurance companies or defendants in personal injury, medical negligence, product liability, or workers' compensation matters he or she will immediately notify DTLA of the change.

Standards of Conduct

• Members will not post or respond to messages that contain obscene, harassing, offensive, inflammatory, libelous, derogatory language, and/or personal criticism of any fellow member of DTLA.

• Members should specifically refrain from using the DTLA lists to engage in personal criticism of other lawyers, law firms, judicial officers, politicians, political candidates or political parties.

• When any Member is found to be in violation of these guidelines, the Member’s use of the lists may be suspended immediately, subject to further review.

• When any Member is found to be in violation of any of these guidelines on more than one occasion, DTLA may discontinue the Member’s use of DTLA’s lists on a permanent basis.

Always Protect Client Confidences – Nothing Sent on a DTLA List is Confidential

DTLA cannot guarantee confidentiality even though DTLA lists are private and intended for use only by Regular members. Some firms have a mixed practice, representing both plaintiffs and defendants. Be prepared for defense counsel to have a copy of your email and consider your comments to be public. Therefore, be professional and careful about what you say in an email.

Identify Yourself

Please make sure that all emails you send to DTLA lists include a signature which includes your name, firm name, telephone number, and office address.

No Solicitations

• DTLA lists are not to be used to solicit contributions for political causes or candidates (The Delaware Trial Lawyers Political Discussion Group – DTLPDG@googlegroups.com – is NOT a DTLA list).

• DTLA lists are not to be used to promote CLEs and events other than those sponsored by DTLA.

Indemnity

By subscribing to any DTLA list, you agree to indemnify, defend and hold harmless DTLA, its officers, board members, employees and agents from all claims and demands made by any third party regarding a) any material you transmit; b) your violation of the listserve guidelines; or c) your violation of the applicable rules regarding professional conduct.

Disclaimer

DTLA provides its lists for the convenience of members. DTLA has no obligation to continue to provide this service to any member or to the membership generally. DTLA reserves the right to discontinue this service completely and/or to exclude any member from any list at any time and without notice for violating the guidelines set forth above. DTLA does not censor, edit or exercise any other control over the contents of the emails sent to any of the DTLA lists. DTLA is not able to prevent a list message from being forwarded to non-members. DTLA can give no assurance that emails sent to the list will be received or read by other list subscribers. Members are cautioned that DTLA lists are not confidential and that communications sent to the lists may find their way into the hands of opposing counsel and other unintended recipients.

The views and opinions expressed on the lists are not approved by DTLA and do not necessarily represent the policies and practices of DTLA. DTLA makes no warranty or guarantee concerning the accuracy or reliability of the content of list messages. DTLA is not liable in any way for the content, including any errors, omissions or computer viruses. DTLA does not warrant that list functions will be uninterrupted or error-free, that defects will be corrected or that the server will be free from computer viruses or other harmful computer code. You are solely responsible for any damage to your computer system or loss of data that results from the receipt of list material.

By checking the box below, I certify that I have read and agree to abide by the guidelines set forth above.