Revision 8 on January 25, 2019
Copyright and Trademark Notices
You may contact Company at the following postal address: 1880 Industrial Circle Suite C, Longmont CO 80501. Legal and compliance notices may be sent to the following postal address: P.O. Box 302, Noblesville IN 46061. For legal service of process, you must serve the appropriate Local Counsel, LLC registered agent. You agree to receive legal notice or important information via the contact information you provided in the User Registration Form.
Acceptance of Terms
The Service is available only to legal entities or individuals who are at least 18 years old. You represent and warranty that if you are an individual, you are of legal age to form a binding contract and are at least 18 years old, that you are authorized to legally bind any legal entity for whom you are acting on their behalf, and that all registration information you submit is accurate and truthful. Company may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in such jurisdictions.
If you represent yourself as a licensed attorney in any jurisdiction, and you sign up to appear for a Client Law Firm or Agency with Local Counsel, LLC, you agree to defend and hold harmless Local Counsel, LLC from any litigation or threat thereof from actions taken by you in the representation of Firm or Agency clients. In addition, Company is not responsible, nor liable, for any actions or inactions of its Independent Network Attorneys.
Rules and Conduct
By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content on or through the Service, that:
- infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity;
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, offensive, or profane;
- constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming");
- contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of Company or any third party;
- or impersonates any person or entity, including any employee or representative of Company.
Additionally, you shall not: (i) take any action that imposes or may impose (as determined by Company in its sole discretion) an unreasonable or disproportionately large load on Company's or Company's Provider's information technology infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures Company may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service); (iv) run Maillist, Listserv, any form of auto-responder or "spam" on the Service; or (v) use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Sites.
You shall not: (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Service, or (iii) copy, rent, lease, distribute, or otherwise transfer any or all of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.
Company and Site Content
You agree that the Service contains Content specifically provided by Company or its partners, customers, or clients, and that such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws including but not limited to information that may be subject to the attorney-client privilege. You shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Service. You shall not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, create derivative works from, or otherwise exploit any Content or third party submissions or other proprietary rights not owned by you, (i) without the consent of the respective owners or other valid right, and (ii) in any way that violates any third party right.
You may, to the extent the Sites expressly authorize you to do so, download or copy the Content, and other items displayed on the Sites for download, for personal use only, provided that you maintain all copyright and other notices contained in such Content. You shall not store any significant portion of any Content in any form. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without prior written permission from Company, or from the copyright holder identified in such Content's copyright notice.
The Service may provide you with the ability to upload, submit, disclose, distribute or otherwise post (hereafter, "posting") advice, suggestions, information, data, text, media, or other information to the Services ("User Submissions"). By posting User Submissions on or at any of the Sites or otherwise through the Service, or displaying, publishing, or otherwise posting any content on or through the Sites or the Service, you hereby represent and warrant that you own or otherwise control all rights to such User Submissions; and understand that Company will not be liable for any errors or omissions in any content.
Company does not endorse and has no control over any User Submission. Company cannot guarantee the authenticity of any data which users may provide about themselves. You acknowledge that all Content accessed by you using the Service is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
Under no circumstances will Company be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted or otherwise made available via the Service.
Your appearance for the requesting party is only temporary and lasts for only the day of the hearing. If your jurisdiction requires you to enter a written appearance, please withdraw at the conclusion of the hearing. Once you have uploaded your report, you are not further obligated, nor are you authorized, to work the file, attend future hearings not covered through the Docketly system, or perform any other tasks for the represented party. Attorney Contractors are expected to conduct themselves in a professional manner at all times, wear appropriate attire, and to avoid and refrain from any conduct which would tend to disparage Company, its affiliates, members, directors, officers, employees, customers, and/or posting Client Law Firms and Agencies, which might jeopardize or be prejudicial to any business, professional, or personal relationship of Company, or any of the above-mentioned representatives, or which might damage the business, professional, or personal reputation of Company, or any of the above-mentioned representatives.
Attorney Contractors Term
Attorney Contractors Confidentiality
Upon the conclusion of each engagement with the Company, Independent Contracting Attorney shall return to the Client Contracting Law Firm all of the confidential information transmitted under these Terms and shall not retain any copies thereof unless authorized in writing by Client Contracting Law Firm, unless the Attorney, pursuant to his or her rules of professional responsibility, is required to retain materials in hard or digital format for a certain amount of time. In addition, attorney shall destroy any confidential information in such a manner that is compliant with the attorney's client file retention laws and/or rules, the Gramm-Leach-Bliley Act and National Association of Information Destruction.
Attorney Contractors Compliance & Credential Verification
Attorney Contractors warrants that he or she is eligible to practice law and is in good standing with their respective state licensing authority in which he or she intends to practice. Should Attorney Contractor be sanctioned, reprimanded or is in any way disciplined by any licensing authority or becomes ineligible to practice law for any reason, he or she agrees to notify Company immediately and not accept any assignments from Company or Client Contracting Law Firms & Agencies.
Attorney Contractor, at their option, may fill out an online criminal background check authorization form. Attorney Contractors who do so, guarantee that all information they input into said form is true and accurate. Attorney Contractors further agree to allow Company to send said information and form to a 3rd Party FCRA certified company who will perform a comprehensive background check on the Attorney Contractor. Company promises to keep all personal information confidential, and secure, as required by law. Company reserves the right to perform in-court audits and evaluations of Attorney Contractors without the Attorney Contractors' knowledge or consent.
Attorney Contractors Performance
By agreeing to appear for a hearing, accepting an assignment, requesting an increased fee, accepting a counter-offer fee from Company's customers, or generally interacting with Company's website, systems, employees, staff, or customers - Attorney Contractors acknowledge that no employment contract, or other agreement for services is created. Nor is Company obligated to provide Attorney Contractors with business or hearing opportunities. Company's obligation to compensate Attorney Contractor arises only after the Attorney Contractor completes the assignment and uploads/submits the results to the Company system within 24 hours.
Company and its customers and clients reserve the sole right to remove attorney assignments, selected hearings, and/or appearance opportunities from an Attorney Contractor for any or no reason.
Continuances & Adjournments
Company will not compensate Independent Attorney Contractors if they request a continuance and/or adjournment, and the Court grants same, unless: The Court grants an opposing party request; The Court, sua sponte, issues an order continuing or adjourning the matter; if the Independent Attorney Contractor reasonably believes that it is in the best interest of the party he or she is representing that a continuance or adjournment is necessary; if it is normal practice for a court to “continue or adjourn a matter without future date; or if the Independent Attorney Contractor is requested by the posting Client Contracting Law Firm or Agency to move for a continuance and/or adjournment.
Attorney Contractors Rates and Expenses
Company will not control Attorney Contractors' exercise of independent professional judgment in providing services for and on behalf of Client Contracting Law Firms & Agencies and their clients. And to the extent reasonably possible, will Company, in no way, interfere with the attorney/client relationship outside the normal vendor/client course of business. Further, Company will compensate attorney the applicable fee due within 60 days from the date that attorney submits the appropriate report for the hearing and/or assignment which is covered. We will not withhold the payment based on whether we are paid by our clients.
Client Contracting Law Firms & Agencies
Client Contracting Law Firms & Agencies, upon posting a new attorney assignment or hearing, shall be solely responsible for the accuracy of the information inputted into the various sites. In addition, Client Contracting Law Firms & Agencies shall, in a timely manner, update said information should any circumstances change. Client Contracting Law Firms & Agencies agree to not privately contract with Attorney Contractors, unless there was a prior, ongoing, and significant relationship between the Attorney Contractor and the Client Contracting Law Firms or Agencies. Client Contracting Law Firms & Agencies agree that they have their Client's and/or Creditor Client's informed consent to contract with Company to provide coverage, appearance, and/or per diem counsel. Company will provide the name and contact information of the appearing attorney in advance of the scheduled hearing. Client Contracting Law Firms & Agencies will promptly notify Company in the event of a conflict or if they want a substituted attorney to appear. As stated above, Company is not responsible or liable for any content or information uploaded to our system or website by attorney contractors or client contracting law firms and agencies. It is your responsibility to ensure the accuracy and validity of any content or information uploaded to our system or website. We provide access to content, compliance documents, hearing notes, reports, and other information as a convenience only. In addition, Client Contracting Law Firms and Agencies agree that Company is not liable for the actions or inactions of the Independent Attorney Contractors, nor the outcome of specific hearings or assignments posted to Company Sites. Further they agree to hold Company harmless for the actions or inactions of the Independent Attorney Contractors.
All users under a Client Contracting Law Firm & Agency Account "Client Account" agrees and confirms that they have the express authority to waive certain compliance requirements of that "Client Account." Local Counsel, LLC will waive compliance requirements only on written confirmation of such from a user of the "Client Account".
Client Contracting Law Firms & Agencies Payment and Invoices
Client Contracting Law Firms & Agencies shall make all checks payable to Local Counsel, LLC and present payment to 1880 Industrial Circle Suite C, Longmont, Colorado 80501. Payments for all invoices are on a net 15 day basis. Company reserves the right to invoice multiple times per month if a particular account is greater than or equal to $2,000.00. All overdue invoices will be charged a reasonable interest rate at the sole discretion of Company. If you find that an Attorney Contractor performed poorly at a hearing or something else happened which did not meet your expectations, you must click the "dislike" button, located on the hearing report, within 5 business days of the hearing report being submitted on our website. If your invoice is overdue by 45 or more days, your payment method on file may be used to pay your invoice or your client account may be disabled until your payment is received. By using our Wallet feature, you authorize Docketly to electronically debit your account for invoices after on or after their due date and, if necessary, electronically credit your account to correct erroneous debits. You may revoke authorization by calling us at 800-910-1492 or emailing email@example.com at any time. Company represents that the charge for a single hearing is itemized and contains several categories, including but not limited to, the booking cost for use of Company's services. At no time will Company “fee split,” or take for itself, that portion of the cost of a single hearing that is specifically reserved as payment/compensation to the Covering Attorney for legal services.
Client Contracting Law Firms & Agencies Hearing Cancellation
Any posted attorney assignment or hearing that is cancelled by the Client Contracting Law Firm or Agency is subject to 50% of the full contracting service charge if cancelled within 24 clock hours on a regular business day before the date of the hearing and/or assignment. Further, any posted attorney assignment or hearing that is cancelled by the Client Contracting Law Firm or Agency is subject to 100% of the full contracting service charge if cancelled on the same day as the assignment is scheduled. However, this policy may not, at Company's sole discretion, apply to any cancelled hearings which take place at the same time, in the same location, as non-cancelled hearings in which the attorney is scheduled to appear. In those instances, our "Bundle" or discount rate may be adjusted to reflect the decreased number of hearings the attorney is covering.
In the case of extreme weather, hearings in which the Attorney Contractors appear at the designated assignment location and find that the hearing has been cancelled or the venue is closed, those hearings will be charged at the current rate, and Attorney Contractors will be compensated. However, if the Attorney Contractor does not appear at the assigned venue because of weather, or does not appear because he/she knows that the assigned venue will be closed, those hearing assignments will not be charged and the Attorney Contractor will not be compensated.
Client Contracting Law Firms & Agencies Short Notice Hearing
Any attorney assignment or hearing that is posted in which there is less than 24 clock hours on a regular business day between the time of posting and the hearing/assignment date & date may be subject to a $20.00 USD surcharge. It is understood between the parties that attorney coverage of short notice hearings or assignments is not guaranteed.
Client Contracting Law Firms & Agencies In-House Hearings
Company has the ability to provide their scheduling and hearing system/services for Client Contracting Law Firms & Agencies for use in scheduling their employed or "in-house" attorneys. Company shall charge a small reasonable fee for using the scheduling system which shall cover Company's operating expenses related to that system. In no way will Company be responsible or liable for the performance or conduct of In-House Attorneys or the outcome of any hearing or assignment covered by an In-House Attorney. Should Client Contracting Law Firm or Agency remove the appearance of their designated in-house employee or attorney, that specific hearing or assignment will then go to a Company Independent Attorney Contractor at the regular service cost.
If Client Contracting Law Firms & Agencies request coverage for a sheriff and/or property sale. Be advised that Local Counsel, LLC d/b/a Docketly is NOT liable for any action or non-action the network attorney performs or does not perform. Docketly is NOT responsible for any outcome of property sales. The covering attorney and your firm are solely responsible for this sale. We strongly urge you to immediately contact the covering attorney to provide instructions, and get mailing information if you intend to forward a sale or bid package to the covering network attorney.
Company has no special relationship with or fiduciary duty to you. You acknowledge that Company has no control over, and no duty to take any action regarding: which users gains access to the Website; what Content you access via the Website; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Company from all liability for you having acquired or not acquired Content through the Sites. The Sites may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Company makes no representations concerning any content contained in or accessed through the Sites, and Company will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Sites.
THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) IS PROVIDED "AS IS" AND "AS AVAILABLE" AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON- INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. COMPANY, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
General Content Disclaimer
By using the Service, you agree that Company shall not be responsible for (1) any Content, (2) any person's reliance on any such Content, whether or not correct, current and complete, or (3) the consequences of any action that you or any other person takes or fails to take based on any Content or otherwise as a result of your use of the Service.
Integration and Severability