TEXT MESSAGE AND WHATSAPP COMMUNICATION TERMS AND CONSENT
By providing Bernstein | Polsky, PLLC (“the Firm”) with a mobile telephone number and agreeing to these terms, Client authorizes the Firm, its attorneys, employees, agents, and service providers to communicate with Client by telephone call, SMS/text message, WhatsApp, and other electronic messaging services regarding Client’s legal matter and the Firm’s representation of Client.
- Consent to Electronic Communications
Client expressly consents to receiving text messages and WhatsApp messages from the Firm at the telephone number provided by Client. These communications may include, without limitation:
- Communications regarding Client’s case;
- Requests for information, documents, photographs, signatures, or other materials;
- Case status updates;
- Appointment, deposition, mediation, hearing, and court reminders;
- Requests for Client to contact the Firm;
- Settlement and negotiation communications;
- Medical treatment and records-related communications;
- Links to documents, forms, electronic signatures, or secure portals; and
- Other communications reasonably related to the Firm’s representation of Client.
Message frequency will vary depending upon the needs and circumstances of Client’s case. Message and data rates may apply.
- Use of Automated Messaging Systems
Client understands and agrees that the Firm may use case-management software, automated messaging systems, or third-party communication platforms to send certain communications, including reminders, requests for information, case updates, and other messages relating to Client’s representation.
Client’s consent to receive electronic communications is not a condition of the Firm’s representation. Client may request another reasonable method of communication at any time.
- Privacy and Confidentiality
The Firm will take reasonable measures to protect the confidentiality of Client communications. However, Client understands that SMS/text messaging, WhatsApp, mobile devices, cellular networks, internet-based messaging services, and other electronic communication methods involve third-party systems and may present risks that are outside the Firm’s control.
Such risks may include unauthorized access to Client’s device or account, messages being viewed by other persons with access to Client’s device, transmission or storage by third-party service providers, misdirected communications, interception, loss of a device, or other security or privacy risks inherent in electronic communications.
By consenting to communication through SMS/text messaging or WhatsApp, Client acknowledges and accepts these risks and authorizes the Firm to communicate with Client through these methods.
Client is responsible for notifying the Firm if Client’s telephone number changes, Client loses access to the telephone number or device, or Client believes that another person may have access to Client’s communications.
- Sensitive Information
Client should use reasonable caution when transmitting highly sensitive information through text message or WhatsApp, including Social Security numbers, financial account information, passwords, medical records, or other particularly sensitive personal information.
The Firm may require Client to transmit certain sensitive documents or information through a secure portal, electronic signature platform, email, or another communication method designated by the Firm.
- No Guarantee of Immediate Review
Text messages and WhatsApp messages are provided as a convenience for communication with the Firm and should not be used for emergencies or matters requiring immediate attention.
Client understands that messages may not be reviewed immediately and that sending a text message or WhatsApp message does not constitute confirmation that an attorney or Firm employee has received, read, or acted upon the message.
Client should not rely upon a text message or WhatsApp message to communicate an urgent matter, satisfy a legal deadline, cancel or reschedule a deposition, hearing, medical appointment, or other required appearance, or take any other action requiring confirmation from the Firm.
For urgent or time-sensitive matters, Client should contact the Firm directly by telephone.
- Client Responsibilities
Client agrees to maintain reasonably current contact information with the Firm and to promptly notify the Firm of any change in Client’s telephone number, email address, mailing address, or other contact information.
Client understands that the Firm may rely upon the contact information provided by Client until Client advises the Firm otherwise.
- Opting Out of Text or WhatsApp Communications
Client may withdraw consent to receive SMS/text messages at any time by replyingSTOP to a text message from the Firm or by notifying the Firm that Client no longer wishes to receive text messages.
Client may discontinue communications through WhatsApp at any time by notifying the Firm.
The Firm will honor Client’s request to discontinue communications through the applicable messaging service. Client understands that opting out of text or WhatsApp communications does not terminate the attorney-client relationship and that the Firm may continue to communicate with Client through other appropriate means, including telephone, email, mail, or the Firm’s client portal.
- Authorization
By signing the Firm’s representation agreement, electronically accepting these terms, or otherwise affirmatively consenting to electronic communications, Client acknowledges that Client has read and understands these terms and authorizes Bernstein | Polsky, PLLC to communicate with Client by SMS/text message and WhatsApp as described above.
