
Text Messaging Disclosure
Terms and conditions for text message communications.
Purpose and Scope
Amy Easterling Legal, PLLC ("Firm," "we," "us," or "our") offers text messaging (SMS/MMS) as a communication option for current and prospective clients. This disclosure explains the terms, conditions, and limitations of text message communications with our Firm. By providing your mobile telephone number and consenting to receive text messages from us, you acknowledge that you have read, understood, and agreed to the terms set forth in this disclosure.
Consent to Receive Text Messages
I. Voluntary Opt-In. Text messaging is an optional service. You are not required to consent to receive text messages as a condition of retaining our services or receiving legal representation. By providing your mobile telephone number and affirmatively opting in (for example, by checking a box on our website, completing a consent form, or replying "YES" to an initial message), you consent to receive text messages from Amy Easterling Legal, PLLC at the mobile number you provide.
II. Types of Messages. You may receive the following types of text messages from us:
- Appointment reminders and confirmations.
- Case status updates and deadline notifications.
- Requests for information or documents.
- General announcements regarding our services.
- Responses to text messages you send to us.
III. Message Frequency. The frequency of messages will vary depending on the nature of your matter and your communication preferences. You may receive multiple messages per week during active representation or only occasional messages for general updates.
IV. Mobile Carrier Charges. Standard message and data rates may apply depending on your mobile carrier plan. We do not charge you for sending or receiving text messages, but you are responsible for any fees imposed by your mobile service provider. Please consult your carrier for details regarding your plan's messaging rates.
No Attorney-Client Relationship Formed by Text
I. No Representation Without Signed Agreement. Sending a text message to Amy Easterling Legal, PLLC, receiving a text message from us, or opting in to our text messaging service does not create an attorney-client relationship. An attorney-client relationship is formed only when:
- We have conducted a conflict-of-interest check and confirmed that we can represent you.
- We have sent you a written engagement letter or fee agreement.
- You and the Firm have both signed the engagement letter or fee agreement.
- You have satisfied any required initial payment or retainer.
II. No Legal Advice via Initial Text Communications. Do not send confidential, sensitive, or privileged information via text message until an attorney-client relationship has been formally established in writing. Any information you send to us before we have entered into a signed engagement agreement may not be treated as confidential or privileged and may not be protected by the attorney-client privilege.
III. Consultation Required. If you send us a text message describing a legal issue or requesting legal advice before we represent you, we may respond with general information or an invitation to schedule a consultation, but such responses do not constitute legal advice and should not be relied upon as such.
Security and Confidentiality Limitations
I. Not a Secure Communication Channel. Text messaging is not a secure or encrypted method of communication. Text messages may be intercepted, accessed, or read by third parties, including:
- Your mobile carrier and our mobile carrier.
- Unauthorized third parties who gain access to your mobile device.
- Individuals with whom you share your mobile device.
- Parties with access to your or our cellular network.
II. Attorney-Client Privilege Risks. Even after an attorney-client relationship has been established, communicating via text message may jeopardize the confidentiality of your communications and waive attorney-client privilege if:
- You send or receive messages on a device shared with others.
- You allow others to view messages on your device.
- Messages are stored on unsecured cloud services or third-party platforms.
- Your device is lost, stolen, or accessed without your permission.
III. Your Responsibility to Protect Confidentiality. If you choose to communicate with us via text message after representation has begun, you assume the risk of disclosure and agree to take reasonable steps to protect the confidentiality of our communications, including:
- Using a password or biometric lock on your mobile device.
- Deleting sensitive messages promptly or storing them securely.
- Not forwarding or sharing attorney-client communications with third parties unless necessary for your representation.
- Notifying us immediately if your device is lost, stolen, or compromised.
IV. Firm's Confidentiality Practices. We will take reasonable measures to protect the confidentiality of text message communications, including restricting access to authorized personnel and storing messages in accordance with our records retention policy. However, we cannot guarantee absolute security of any electronic communication, including text messages.
Limitations on Use of Text Messaging
I. Appropriate Use. Text messaging is intended for brief, time-sensitive, or logistical communications. It is not appropriate for:
- Transmitting lengthy legal documents, pleadings, or contracts.
- Discussing complex legal strategies or detailed case analysis.
- Sending highly sensitive or privileged information unless no reasonable alternative exists and you acknowledge the risks.
- Providing formal legal advice that requires written documentation.
II. Availability and Response Time. While we strive to respond promptly to text messages, we do not guarantee immediate responses. Text messaging does not provide 24/7 legal assistance. If you have an urgent legal matter, please call our office directly at (423) 390-0514. Do not rely solely on text messaging for time-critical communications.
III. Retention and Records. Text message communications may be retained as part of your client file and may be subject to disclosure in litigation, investigations, or other legal proceedings. We retain text message records in accordance with Tennessee professional responsibility rules and our internal records retention policy.
Advertising Material Notice
I. Advertising Material. This website, including this text messaging disclosure, constitutes attorney advertising under Tennessee Rules of Professional Conduct, Rule 7.2. Amy Easterling Legal, PLLC is responsible for the content of this site.
II. Solicitation Restrictions. If we send you a text message solicitation offering legal services for a particular matter and you are not a current client, family member, close personal contact, or person with whom we have a prior professional relationship, the following apply:
- Advertising Material Label. The text message will include the words "Advertising Material" at the beginning and ending of the message.
- Conflict Avoidance Notice. If the message seeks employment in a specific matter, the first sentence will state: "IF YOU HAVE ALREADY HIRED OR RETAINED A LAWYER IN THIS MATTER, PLEASE DISREGARD THIS MESSAGE."
- Information Source Disclosure. The message will disclose how we obtained your contact information.
- Firm Identification. The message will include the name and contact information of Amy Easterling Legal, PLLC.
III. No Endorsement by Regulatory Authorities. This text messaging service and all communications from Amy Easterling Legal, PLLC have not been approved or endorsed by the Tennessee Supreme Court or the Tennessee Board of Professional Responsibility.
Opt-Out and Unsubscribe Rights
I. Right to Opt Out at Any Time. You may opt out of receiving text messages from Amy Easterling Legal, PLLC at any time, free of charge, by:
- Replying "STOP," "UNSUBSCRIBE," "CANCEL," or "QUIT" to any message you receive from us.
- Contacting our office by telephone at (423) 390-0514 or email at amy@amyeasterlinglegal.com and requesting removal from our text messaging list.
- Following any other opt-out instructions provided in our messages.
II. Effect of Opt-Out. Opting out will stop all future text messages from us, except:
- A one-time confirmation message acknowledging your opt-out request.
- Messages required by law or court order.
- Messages necessary to fulfill existing contractual or representational obligations if you are a current client.
III. Opt-Out Does Not Terminate Representation. If you are a current client, opting out of text messaging does not terminate our attorney-client relationship or relieve you of any obligations under our engagement agreement. We will continue to communicate with you through other agreed-upon methods (telephone, email, mail, or in-person meetings).
IV. Re-Enrollment. If you opt out and later wish to receive text messages again, you may re-enroll by contacting our office or completing a new opt-in consent form.
Compliance with Tennessee Rules of Professional Conduct
Amy Easterling Legal, PLLC is committed to compliance with the Tennessee Rules of Professional Conduct, including but not limited to:
I. Rule 1.6 (Confidentiality of Information). We will maintain the confidentiality of information relating to the representation of a client, subject to the limitations of electronic communication described in this disclosure.
II. Rule 7.1 (Communications Concerning a Lawyer's Services). All communications, including text messages, will be truthful and not misleading.
III. Rule 7.2 (Advertising). Our text messaging practices comply with Tennessee advertising requirements, including proper labeling and disclosure.
IV. Rule 7.3 (Solicitation of Clients). We will not send text message solicitations in violation of Tennessee solicitation rules, including observing the thirty (30) day waiting period for solicitations related to personal injury, wrongful death, divorce, separation, or workers' compensation matters arising from a specific incident, honoring do-not-contact registries, and including required disclosures.
Contact Information and Questions
If you have questions about this text messaging disclosure or our communication practices, please contact us:
Amy Easterling Legal, PLLC
117 Broad Street, Suite 202, Kingsport, TN 37660
Telephone: (423) 390-0514
Email: amy@amyeasterlinglegal.com
Website: amyeasterlinglegal.com
Amendments and Updates
We reserve the right to modify this text messaging disclosure at any time. Any changes will be posted on our website with a revised effective date. Your continued use of our text messaging service after we post changes constitutes your acceptance of the updated terms. We encourage you to review this disclosure periodically.
Acknowledgment and Consent
By opting in to receive text messages from Amy Easterling Legal, PLLC, you acknowledge that:
- You have read and understood this entire text messaging disclosure.
- You consent to receive text messages at the mobile number you provided.
- You understand that text messaging is not secure and may not be protected by attorney-client privilege until a formal attorney-client relationship is established.
- You understand that sending a text message does not create an attorney-client relationship.
- You agree to the terms, conditions, and limitations set forth in this disclosure.
- You may opt out at any time by replying "STOP" or contacting our office.
