Contact Information
We can be contacted by mail or by appointment only at:
Mertzlufft Law PLLC d/b/a Stake
1 Seneca St., Ste. 29-M36
Buffalo, NY, 14203
United States
Telephone: +1 (716) 202-0495
Email: [email protected]
Terms of Service
Effective: March 11, 2021 | Last updated: September 3, 2025
1. Agreement to Terms
By accessing and using the website, web form, client portal, billing portal, email newsletter, or social media page (“online services”) of Mertzlufft Law PLLC d/b/a Stake (“we,” “us,” “our,” “the Firm,” “Stake”) linking to these Terms, you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, do not use our online services.
By clicking a checkbox accepting these Terms, you:
- Accept these Terms;
- Acknowledge online communications are inherently insecure;
- Agree to the use of electronic records and signatures, and you agree such signatures will be as valid as handwritten signatures and considered originals to the extent allowed by applicable law; and
- If accepting on behalf of a party other than yourself as an individual, you represent and warrant you have been duly authorized by that party to bind that party to the terms of the engagement agreement and be included on all communications as that party’s authorized representative.
2. No Attorney-Client Relationship
The information provided via our online services is for general informational purposes only. Neither your use of our online services nor your communication to us creates an attorney-client relationship between you and Stake absent an express written mutual agreement.
3. Confidential Information and Internet Communications
Do not send us confidential information unless and until you receive authorization from us. By using our online services, you agree that internet communications are inherently insecure and, as such, any information you provide to us is not considered confidential absent an express mutual agreement to do so. Further, you agree that no such unauthorized email or other electronic communication will be treated as confidential.
4. Electronic Statements of Work
We may provide electronic Statements of Work, including via the web, email, or other means at our sole discretion. No Statement of Work is effective unless:
- We have indicated that the online product listing, email (or portion thereof), or document is a “Statement of Work,” using those exact words, and linked to or attached our Engagement Terms;
- You have electronically signed the Statement of Work;
- We receive cleared payment for any stated initial fees, expenses, and/or retainer associated with that Statement of Work, or, if you have a replenishable retainer, that retainer has been replenished;
- Following your completion of #1 through #3 above, we provide written confirmation of acceptance of the Statement of Work.
We are not bound by or carry any attorney-client relationship or duties with respect to any Statement of Work that has not met all four of the above conditions. Your effective Statements of Work shall form the sole agreement between you and Stake.
5. Disclaimer
5.1 No Legal Advice
The content of our online services does not constitute legal advice. It should not be relied upon as such. Legal advice cannot be given without full consideration of all relevant facts relating to your individual situation. We disclaim liability for any consequence relating directly or indirectly to any course of action or inaction you take based in whole or in part on the material or information communicated via our online services. Our online services are not a substitute for consulting a qualified attorney.
5.2 No Guarantee of Results
Any prior results described on our online services do not guarantee or predict a similar outcome in future legal matters.
5.3 Trademark Use
All products and company names are trademarks (™) or registered (®) trademarks of their respective holders. No use of such trademarks implies any affiliation or endorsement unless explicitly stated.
6. Online Services Use
6.1 Permitted Use
You may use our online services for lawful purposes and in accordance with these Terms. You agree not to:
- Access or use our online services if you are under the age of eighteen
- Modify, copy, prepare derivative works of, decompile, or reverse engineer any materials and software contained in our online services
- Remove any copyright or other proprietary notations from any materials and software on this website
- Knowingly or negligently use this website or any of its associated services in a way that abuses or disrupts our networks or any other service Mertzlufft Law PLLC provides
- Use this website or its associated services to transmit or publish any defamatory, harassing, indecent, obscene, fraudulent, or unlawful material
- use this website in conjunction with sending unauthorized advertising, spam, or unsolicited electronic mail
- Harvest, collect, or gather user data without the user’s consent
- Use this website or its associated services in such a way that may infringe the privacy, intellectual property rights, or other rights of Stake, any member or employee thereof, or any third party
- Transfer the materials to another person or “mirror” the materials on any other server
- Use our online services in any way that violates applicable laws or regulations
- Attempt to gain unauthorized access to any portion of our online services
- Use our online services to transmit malware or other harmful code
- Interfere with the proper functioning of our online services
- Collect or harvest any information from our online services without our consent
6.2 Intellectual Property
All content on our online services, including but not limited to text, graphics, logos, images, and software, is the property of or licensed to Stake and is protected by intellectual property laws.
7. SMS Terms and Conditions
By providing your mobile phone number, you consent to receive SMS messages from Stake related to our representation or possible representation of you. Message frequency may vary. Standard message and data rates may apply.
7.1 Opting Out
You may opt out of receiving SMS messages at any time by replying with “STOP” to any SMS message you receive from us. After opting out, you will receive a confirmation message, and we will cease sending SMS messages to your number.
7.2 Help and Support
If you need assistance or have questions about our SMS service, reply with “HELP” to any SMS message you receive, or contact our customer support team at [email protected].
7.3 Privacy Policy
Your phone number will be handled in accordance with our Privacy Policy, available at https://stake.law/legal/#privacy. No mobile information will be shared with third parties/affiliates for marketing/promotional purposes not directly related to our services. All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.
8. Third-Party Links
As a convenience, our website may contain links to third-party websites. These links are not endorsements of the contents at those links or their owners or creators. We are not responsible for the content, accuracy, or practices of any third-party websites.
9. Privacy Policy
Your use of our online services is also governed by our Privacy Policy, which is incorporated into these Terms by reference.
10. Changes to Online Services and Terms
We reserve the right to:
- Modify or discontinue any portion of our online services without notice
- Update these Terms at any time
- Restrict or prohibit your access to some or all of our online services
10. Limitation of Liability
OUR ONLINE SERVICES ARE PROVIDED ON AN AS-IS BASIS, WITHOUT ANY REPRESENTATION, WARRANTY, OR GUARANTEE OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, STAKE SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM OR RELATED TO YOUR USE OF OUR ONLINE SERVICES.
11. Indemnification
You agree to indemnify and hold harmless Stake and its members, employees, and affiliates from any claims, damages, or expenses arising from your violation of these Terms.
12. Geographic Restrictions
Our online services are operated from the United States. We make no representations that the content is appropriate or available for use in other locations.
13. Professional Responsibility Notice
13.1 Attorney Advertising
Various aspects of our online services may constitute attorney advertising in some jurisdictions. Prior results do not guarantee similar outcomes. Unless expressly stated otherwise, the contents of our online services are not intended as solicitation.
13.2 Jurisdictional Limitations
Our attorneys are licensed to practice only in the jurisdictions specified in their individual biographies. We do not seek to represent anyone in matters outside the jurisdictions where we are authorized to practice law.
14. Governing Law
These Terms shall be governed by and construed in accordance with the laws of New York, without regard to its conflict of law provisions.
15. Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary while preserving the remaining provisions.
16. Assignment
Stake, at its sole discretion, may assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification to you or any other party. You are not permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
17. Contact Information
For questions about these Terms, please contact us at the contact information provided above or at https://stake.law/legal.
Privacy Policy
Effective: March 3, 2021 | Last updated: September 3, 2025
1. Introduction
At Mertzlufft Law PLLC d/b/a Stake (“we,” “us,” “our,” “the Firm,” “Stake”), we are committed to protecting the privacy and confidentiality of our clients and website visitors. This Privacy Policy explains how we collect, use, disclose, and safeguard your personal information via our websites, web forms, client portals, billing portals, email newsletters, or social media pages (“online services”).
In the event our online services contain links to third-party websites and services, please be aware that those websites and services have their own privacy policies. After following a link to any third-party content, you should read their posted privacy policy information about how they collect and use personal information. This Privacy Policy does not apply to any of your internet activities on or in connection with another website.
2. Information We Collect
2.1 Client Information
We collect personal information necessary to provide legal services, including:
- Names, addresses, and contact information
- Government-issued identification
- Financial information
- Employment details
- Business information
- Case-related documentation and correspondence
- Information relevant to your legal matters
- Any other content you send to us
2.2 Online Services Information
When you access our online services, we may automatically collect:
- IP addresses
- Technical website visit and error logs
- Browser type and settings
- Device information (e.g., types, operating systems, settings, and unique device identifiers)
- Geo-location data
- Pages visited and interaction data
- Cookies and similar tracking technologies
2.3 SMS Opt-In and Mobile Phone Information
Your phone number will be handled in accordance with this Privacy Policy. No mobile information will be shared with third parties/affiliates for marketing/promotional purposes not directly related to our services. All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.
3. How We Use Your Information
We use collected information to:
- Evaluate a prospective representation
- Provide legal services and representation
- Communicate with clients about their cases
- Manage client accounts and billing
- Comply with legal and professional obligations
- Improve our services and online services functionality
- Protect against fraud and unauthorized access
- Advertise and market our services, except that confidential information shall not be used to advertise or market our services
- Prevent fraud
- Send relevant legal and social media updates and firm newsletters (with consent)
4. Information Sharing and Disclosure
We maintain strict confidentiality of client information and only share personal information:
- With client consent
- To provide requested legal services
- With courts and opposing counsel as necessary
- With third-party service providers under confidentiality agreements
- As required by law or regulatory obligations
- To protect our rights or property
- As consistent with the rules of professional ethics
5. Data Security
When we collect and process personal information, and while we retain this information, we will protect it within reasonably commercially acceptable means to prevent loss and theft, as well as unauthorized access, disclosure, copying, use, or modification.
Although we will do our best to protect the personal information you provide to us, we advise that no method of electronic transmission or storage is 100% secure, and no one can guarantee absolute data security.
You are responsible for ensuring you do not purposely or accidentally make your personal information publicly accessible via our platform when not wanted (e.g., we do not recommend entering information in an online form that you desire to maintain in confidentiality).
6. Data Retention
We retain personal information for as long as necessary to:
- Provide requested services
- Comply with legal obligations
- Meet professional standards
- Address potential disputes
- Fulfill legitimate business purposes
7. Social Media
We also maintain presences on various social media platforms, for example, LinkedIn and X. We cannot control the actions, policies, or administrators, or users of any social media platform, and each has its own policies governing your access to and use of such social media platform. There is no expectation of privacy for any information or other communications you provide to us via social media platforms, and you do so at your own risk. Any links between our website and a social media platform may collect information including your IP address, the URL of the page containing the link, and may set a cookie.
8. Disclosure of Data to Third Parties
We do not sell any personal information to third parties. We may disclose personal information to:
- Courts, tribunals, government entities or agencies, regulatory authorities, law enforcement officers, another party to a matter, and counsel for another party to a matter in connection with any legal services or prospective legal services we provide to you or obligations attendant to such legal services or prospective legal services;
- An affiliate, referral source, or referral recipient of Stake;
- Third-party service providers for the purpose of enabling them to provide their services, including (without limitation) IT service providers, data storage, hosting and server providers, cloud storage systems, billing systems, business research/intelligence, form preparation systems, legal research systems, electronic discovery systems, government systems, email systems, email management/security systems, encryption systems, faxing systems, document generation systems, document analysis systems, document augmentation systems learning management systems, project management systems, scheduling/docketing systems, payroll/benefits systems, contact management systems, conflict-checking systems, business intake systems, law firm practice management systems, accounting systems, document management systems, work collaboration systems, digital dictation systems, information governance systems, ad networks, analytics, error loggers, debt collectors, maintenance or problem-solving providers, marketing or advertising providers, professional advisors, and payment systems operators;
- Our employees, contractors, counsel, and/or related entities;
- Our existing or potential agents or business partners;
- Credit reporting agencies, courts, tribunals, and regulatory authorities, in the event you fail to pay for services we have provided to you and for which we have sent you a bill;
- Courts, tribunals, regulatory authorities, and law enforcement officers, as required by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise, or defend our legal rights;
- Third parties, including agents or sub-contractors, who assist us in providing information, services, or direct marketing to you;
- Third parties to collect and process data; or
- An entity that buys, or to which we transfer all or substantially all of our assets and business.
9. Your Rights
You have the right to:
- Choose whether to provide any information to us, understanding that your withholding information may impact our ability to provide our online services or legal services to you
- Access your personal information
- Request corrections to your data
- Withdraw consent for or unsubscribe from marketing communications
- Request deletion of your information (subject to legitimate business needs and legal requirements for data retention)
- Receive an explanation of how we process your data
- Lodge a complaint with relevant authorities
10. Cookies
We use “cookies” to collect information about you and your activity across our website. A cookie is a small piece of data that our website stores on your computer, and accesses each time you visit, so we can understand how you use our website, and may help us serve you content based on preferences you have specified.
The types of cookies we may use include:
- Essential cookies: Essential cookies are crucial to your experience of a website, enabling core features like user logins, account management, acceptance of terms and policies, shopping carts, and payment processing.
- Performance cookies: Performance cookies track how you use a website during your visit. Typically, this information is anonymous and aggregated, with information tracked across all website users. They help companies understand visitor usage patterns, identify and diagnose problems or errors their users may encounter, and make better strategic decisions in improving their audience’s overall website experience. These cookies may be set by the website you’re visiting (first-party) or by third-party services. They do not collect personal information about you.
- Functionality cookies: Functionality cookies are used to collect information about your device and any settings you may configure on the website you’re visiting (like language and time zone settings). With this information, websites can provide you with customized, enhanced, or optimized content and services. These cookies may be set by the website you’re visiting (first-party) or by third-party services.
- Targeting/advertising cookies: Targeting/advertising cookies help determine what promotional content is most relevant and appropriate to you and your interests. Websites may use them to deliver targeted advertising or limit the number of times you see an advertisement. This helps companies improve the effectiveness of their campaigns and the quality of content presented to you. These cookies may be set by the website you’re visiting (first-party) or by third-party services. Targeting/advertising cookies set by third parties may be used to track you on other websites that use the same third-party service.
11. Business Transfers
If we or our assets are acquired, or in the unlikely event that we go out of business or enter bankruptcy, we would include data, including your personal information, among the assets transferred to any parties who acquire us. You acknowledge that such transfers may occur, and that any parties who acquire us may, to the extent permitted by applicable law, continue to use your personal information according to this policy, which they will be required to assume as it is the basis for any ownership or use rights we have over such information.
12. Children’s Privacy
Our services are not directed to children under 18. We do not knowingly collect personal information from minors without parental consent.
13. Third-Party Links
Our online services may contain links to third-party websites. We are not responsible for the privacy practices or content of these sites.
14. International Data Transfers
If circumstances arise where we would make such a transfer, we will ensure appropriate safeguards are in place to protect your information.
15. Additional GDPR Disclosures
If you are a resident of the European Union, you have certain data protection rights under the European General Data Protection Regulation (GDPR).
15.1 Legal Bases for Processing Your Personal Information
We will only collect and use your personal information when we have a legal right to do so. In which case, we will collect and use your personal information lawfully, fairly, and in a transparent manner. If we seek your consent to process your personal information, and you are under 16 years of age, we will seek your parent or legal guardian’s consent to process your personal information for that specific purpose.
Our lawful bases depend on the services you use and how you use them. This means we only collect and use your information on the following grounds:
15.1.1 Consent From You
Where you give us consent to collect and use your personal information for a specific purpose. You may withdraw your consent at any time using the facilities we provide; however, this will not affect any use of your information that has already taken place. You may consent to providing your email address for the purpose of receiving marketing emails from us. While you may unsubscribe at any time, we cannot recall any email we have already sent. If you have any further inquiries about how to withdraw your consent, please feel free to inquire using the details provided in the Contact Us section of this Privacy Policy.
15.1.2 Performance of a Contract or Transaction
Where you engage us for legal services or have entered into a contract or transaction with us, or in order to take preparatory steps prior to your engaging us for legal services or entering into a contract or transaction with you. For example, if you contact us with an inquiry, we may require personal information such as your name and contact details in order to respond. As a further example, if you communicate that you wish to or may wish to engage us for legal services, we may require personal information of you and others (as well as information about your business, if applicable) to check for conflicts and evaluate the potential engagement.
15.1.3 Our Legitimate Interests
Where we assess it is necessary for our legitimate interests, such as for us to provide, operate, improve and communicate our services. We consider our legitimate interests to include the performance of services for our clients, research and development, understanding our audience, marketing and promoting our services, measures taken to operate our services efficiently, marketing analysis, and measures taken to protect our legal rights and interests.
15.1.4 Compliance with Law
In some cases, we may have a legal obligation to use or keep your personal information. Such cases may include (but are not limited to) court orders, criminal investigations, government requests, and regulatory obligations. If you have any further inquiries about how we retain personal information in order to comply with the law, please feel free to inquire using the details provided in the Contact Us section of this Privacy Policy.
15.2 International Transfers Outside of the European Economic Area (EEA)
We will ensure that any transfer of personal information from countries in the European Economic Area (EEA) to countries outside the EEA will be protected by appropriate safeguards, for example by using standard data protection clauses approved by the European Commission, or the use of binding corporate rules or other legally accepted means.
15.3 Your Rights and Controlling Your Personal Information
- Restrict: You have the right to request that we restrict the processing of your personal information if (i) you are concerned about the accuracy of your personal information; (ii) you believe your personal information has been unlawfully processed; (iii) you need us to maintain the personal information solely for the purpose of a legal claim; or (iv) we are in the process of considering your objection in relation to processing on the basis of legitimate interests.
- Objecting to processing: You have the right to object to processing of your personal information that is based on our legitimate interests or public interest. If this is done, we must provide compelling legitimate grounds for the processing which overrides your interests, rights, and freedoms, in order to proceed with the processing of your personal information.
- Data portability: You may have the right to request a copy of the personal information we hold about you. Where possible, we will provide this information in CSV format or other easily readable machine format. You may also have the right to request that we transfer this personal information to a third party.
- Deletion: You may have a right to request that we delete the personal information we hold about you at any time, and we will take reasonable steps to delete your personal information from our current records. If you ask us to delete your personal information, we will let you know how the deletion affects your use of our website or services. There may be exceptions to this right for specific legal reasons which, if applicable, we will set out for you in response to your request.
16. Additional CCPA Disclosures
If you are a resident of California, you have certain data protection rights under the California Civil Code Section 1798.83 and the California Consumer Privacy Act of 2018 (“CCPA”).
16.1 CCPA Opt Out
We do not sell, as defined in the CCPA, personal information we collect, and will not sell it without providing a right to opt out.
16.2 Right to Inquire
While we do not share personal information with others for their marketing purposes unrelated to us, under California Civil Code Section 1798.83, if you live in California and your business relationship with us is mainly for personal, family, or household purposes, you may ask us about the information we release to other organizations for their marketing purposes.
To make such a request, please contact us using the details provided in this Privacy Policy with “Request for California privacy information” in the subject line. You may make this type of request once every calendar year. We will email you a list of categories of personal information we revealed to other organizations for their marketing purposes in the last calendar year, along with their names and addresses. Not all personal information shared in this way is covered by Section 1798.83 of the California Civil Code.
16.3 Do Not Track
Some browsers have a “Do Not Track” feature that lets you tell websites that you do not want to have your online activities tracked. At this time, we do not respond to browser “Do Not Track” signals.
We adhere to the standards outlined in this Privacy Policy, ensuring we collect and process personal information lawfully, fairly, transparently, and with legitimate, legal reasons for doing so.
16.4 Cookies and Pixels
At all times, you may decline cookies from our website if your browser permits. Most browsers allow you to activate settings on your browser to refuse the setting of all or some cookies. Accordingly, your ability to limit cookies is based only on your browser’s capabilities. Please refer to the Cookies section of this Privacy Policy for more information.
16.5 CCPA-permitted Financial Incentives
In accordance with your right to non-discrimination, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels for the services we provide.
Any CCPA-permitted financial incentive we offer will reasonably relate to the value of your personal information, and we will provide written terms that describe clearly the nature of such an offer. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time.
16.6 California Notice of Collection
In the past 12 months, we have collected the following categories of personal information enumerated in the California Consumer Privacy Act:
- Customer records;
- Demographics;
- Commercial information;
- Identifiers;
- Professional or employment-related information;
- Employment and education data;
- Bank account number, credit card number, debit card number, or other financial information;
- Internet and network activity;
- Audio or visual data;
- Geolocation data; and
- Inferences.
For more information on information we collect, including the sources we receive information from, review the “Information We Collect” section. We collect and use these categories of personal information for the business purposes described in the “Collection and Use of Information” section, including to provide and manage our Service.
16.7 Right to Know and Delete
If you are a California resident, you have rights to delete your personal information we collected and know certain information about our data practices in the preceding 12 months. In particular, you have the right to request the following from us:
- The categories of personal information we have collected about you;
- The categories of sources from which the personal information was collected;
- The categories of personal information about you we disclosed for a business purpose or sold;
- The categories of third parties to whom the personal information was disclosed for a business purpose or sold;
- The business or commercial purpose for collecting or selling the personal information; and
- The specific pieces of personal information we have collected about you.
- To exercise any of these rights, please contact us using the details provided in this Privacy Policy.
16.8 Shine the Light
If you are a California resident, in addition to the rights discussed above, you have the right to request information from us regarding the manner in which we share certain personal information as defined by California’s “Shine the Light” with third parties and affiliates for their own direct marketing purposes.
To receive this information, send us a request using the contact details provided in this Privacy Policy. Requests must include “California Privacy Rights Request” in the first line of the description and include your name, street address, city, state, and ZIP code.
17. Changes to This Policy
We may update this Privacy Policy periodically. Significant changes will be communicated through our website or direct notification.
18. Expenses
You are solely responsible for all fees, costs, and/or disbursements of or by any advisor, agent, or attorney retained by you to understand or enforce your rights under this Privacy Policy except where restricted in applicable law.
19. Contact Information
For questions about these Terms, please contact us at the contact information provided above or at https://stake.law/legal.
Statement of Client’s Rights
Section 1210.1 of the Joint Rules of the Appellate Division amended June 1, 2018 (22 NYCRR §1210.1)
1. You are entitled to be treated with courtesy and consideration at all times by your lawyer and the other lawyers and nonlawyer personnel in your lawyer’s office.
2. You are entitled to have your attorney handle your legal matter competently and diligently, in accordance with the highest standards of the profession. If you are not satisfied with how your matter is being handled, you have the right to discharge your attorney and terminate the attorney‐client relationship at any time. Court approval may be required in some matters, and your attorney may have a claim against you for the value of services rendered to you up to the point of discharge.
3. You are entitled to your lawyer’s independent professional judgment and undivided loyalty uncompromised by conflicts of interest.
4. You are entitled to be charged reasonable fees and expenses and to have your lawyer explain before or within a reasonable time after commencement of the representation how the fees and expenses will be computed and the manner and frequency of billing. You are entitled to request and receive a written itemized bill from your attorney at reasonable intervals. You may refuse to enter into any arrangement for fees and expenses that you find unsatisfactory. In the event of a fee dispute, you may have the right to seek arbitration; your attorney will provide you with the necessary information regarding arbitration in the event of a fee dispute, or upon your request.
5. You are entitled to have your questions and concerns addressed promptly and to receive a prompt reply to your letters, telephone calls, emails, faxes, and other communications.
6. You are entitled to be kept reasonably informed as to the status of your matter and are entitled to have your attorney promptly comply with your reasonable requests for information, including your requests for copies of papers relevant to the matter. You are entitled to sufficient information to allow you to participate meaningfully in the development of your matter and make informed decisions regarding the representation.
7. You are entitled to have your legitimate objectives respected by your attorney. In particular, the decision of whether to settle your matter is yours and not your lawyer’s. Court approval of a settlement is required in some matters.
8. You have the right to privacy in your communications with your lawyer and to have your confidential information preserved by your lawyer to the extent required by law.
9. You are entitled to have your attorney conduct himself or herself ethically in accordance with the New York Rules of Professional Conduct.
10. You may not be refused representation on the basis of race, creed, color, religion, sex, sexual orientation, gender identity, gender expression, age, national origin or disability.
Statement of Client’s Responsibilities
Informational Statement Adopted by the New York State Bar Association
1. The client is expected to treat the lawyer and the lawyer’s staff with courtesy and consideration.
2. The client’s relationship with the lawyer should be one of complete candor and the client should apprise the lawyer of all facts or circumstances of the matter being handled by the lawyer even if the client believes that those facts may be detrimental to the client’s cause or unflattering to the client.
3. The client must honor the fee arrangement as agreed to with the lawyer to the extent required by law.
4. All bills tendered to the client for services rendered pursuant to the agreed upon arrangement regarding fees and expenses should be paid when due.
5. A client who discharges the attorney and terminates the attorney-client relationship must nevertheless honor financial commitments under the agreed to arrangement regarding fees and expenses to the extent required by law.
6. Although the client should expect that his or her letters, telephone calls, emails, faxes, and other communications to the lawyer will be answered within a reasonable time, the client should recognize that the lawyer has other clients who may be equally deserving of the lawyer’s time and attention.
7. The client should maintain contact with the lawyer, promptly notify the lawyer of any change in telephone number, address, email, or other electronic contact information, and respond promptly to a request by the lawyer for information and cooperation.
8. The client must realize that the lawyer is required to respect only legitimate objectives of the client and that the lawyer will not advocate or propose positions that are unprofessional or contrary to law or the New York Rules of Professional Conduct.
9. The lawyer may decline to accept a matter if the lawyer has previous personal or professional commitments that will prohibit the lawyer from devoting adequate time to representing the client competently and diligently.
10. A lawyer is under no obligation to accept a client if the lawyer determines that the cause of the client is without merit, a conflict of interest would exist or a suitable working relationship with the client is not likely.