1. Introductory Terms
Separate.Pro (herein “PRO”) operates an internet based application (herein “SITE”) that assists the clients of attorneys and mediators to complete certain legal forms.
For purposes of this Agreement, the party who uses SITE to complete their legal forms shall be the “CLIENT/USER” and the attorney and/or mediator who the CLIENT/USER has engaged in conjunctions with using SITE shall be the “ATTORNEY/MEDIATOR.”
2. Eligibility To Use Services
In order for CLIENT/USER to be eligible to use SITE, the CLIENT/USER must have been recommended by an ATTORNEY/MEDIATOR who has been engaged by CLIENT/USER to provide professional services to CLIENT/USER. These professional services may include, (but are not limited to), full or limited scope legal representation, legal consultation services, and/or mediation services.
ATTORNEY/MEDIATOR who refers their CLIENT/USER to use SITE further understands that the professional engagement between CLIENT/USER and ATTORNEY/MEDIATOR must be formalized in writing and must remain active during the entire period in which CLIENT/USER uses SITE.
If, at any time, the professional relationship between ATTORNEY/MEDIATOR and CLIENT/USER is terminated (for any reason) during the time in which CLIENT/USER is still using (or can be reasonably assumed to be still using) SITE, ATTORNEY/MEDIATOR agrees to notify PRO immediately upon becoming aware of the termination-regardless of who initiated the termination.
PRO maintains an internal policy on confidentiality wherein PRO agrees to receive and hold any information provided to PRO by CLIENT/USER in strict confidence and to disclose same within its own organization only.
CLIENT/USER and ATTORNEY/MEDIATOR understand that all information provided to PRO is for the purpose of advancing the professional services that ATTORNEY/MEDIATOR is providing to CLIENT/USER.
Any information provided to PRO by CLIENT/USER will be protected under any and all attorney-client and/or mediator-client privilege applicable to the professional engagement between CLIENT/USER and ATTORNEY/MEDIATOR.
In the unlikely event that PRO receives a subpoena, discovery request, (or any other form of formalized request), for any information provided by CLIENT/USER, PRO will immediately notify the ATTORNEY/MEDIATOR, to which CLIENT/USER is engaged, so that ATTORNEY/MEDIATOR can assert the relevant privilege on behalf of CLIENT/USER.
CLIENT/USER and ATTORNEY/MEDIATOR understand that PRO cannot assert any attorney-client and/or mediator client privilege on behalf of CLIENT/USER unless ATTORNEY/MEDIATOR initially asserts the privilege on behalf of CLIENT/USER.
A CLIENT/USER’S communications with a third party remain within the aforementioned privilege if those communications are “reasonably necessary for the attorney’s representation of the client.” Behunin v. Superior Court, 9 Cal. App. 5th 833 (2017). CLIENT/USERS use of PRO to input data and generate forms should qualify under the authority cited in this case.
4. Legal Document Assistant
PRO is a registered Legal Document Assistant and is not a law firm.
PRO cannot provide legal advice, explanation, opinion or recommendations about possible legal rights, remedies, defenses, strategies, or options to CLIENT/USER. A CLIENT/USER who requests such information from PRO will be directed to ask their respective ATTORNEY/MEDIATOR for this information.