Guidelines for Email Discussion List

Purpose The purpose of the discussion list is to facilitate the exchange of ideas and general information for the benefit of the members of the American Bar Association Forum on Franchising (Forum) and of those others subscribing to the discussion list. All those using the discussion list are expected to maintain high qualities of professionalism, ethics, decorum and civility regarding postings. Use of the discussion list constitutes acceptance of, and agreement with, these guidelines.
Postings and Etiquette All postings are the sole responsibility of the individual/entity placing the posting. All postings should reflect the following:
1. Good taste
2. Appropriate language
3. Brevity
4. The identity of the person posting as well as the identity of that person's firm or organization and the city and state where the person is located
5. Ethical conduct pursuant to applicable rules
Prohibitions Postings to the discussion list may not contain the following:
1. Attachments (If attachments are available, they can be referred to and if participants desire a copy, they can ask for the attachment to be sent directly to their individual E-mail addresses.)
2. Solicitations of funds
3. Advertising
4. Promotion of the individual or organization, including reference to promotional literature, Websites, clients, articles, speeches, publications, expertise in a particular area or issue or work, unless such reference is integral and appropriate for the reply
5. Solicitation of client engagements
6. (As applicable to the discussion list) Violations of the Policy Regarding Self-Promotion and Conflicts at Forum Events, which is found in the Forum's Bylaws reproduced in the Member Directory mailed to all Forum members
7. Any of the following types of statements:
  1. Libelous
  2. Defamatory
  3. Obscene
  4. Pornographic
  5. Threatening
  6. Invasive of Privacy
  7. Invasive of the Rights of Publicity
  8. Abusive
  9. Illegal
  10. Generally Objectionable
  11. Constitute or encourage a criminal offense
  12. Violate the rights of any individual, group or entity
  13. Create Liability
  14. Copyright infringements
Requests for information Postings that request positive or negative information, about an individual, group or entity are permitted. However, if a response is negative in whole or in part, it should not be posted publicly, but rather communicated privately to the person making the inquiry. Responses to a request for names or recommendations of persons or entities with expertise in particular area or on a particular issue are permitted. The respondent may name himself or herself, or a member of the respondent's firm. Any responses permitted in this paragraph 4 should be brief and simply indicate that the respondent or a member of his or her entity possesses the requisite expertise. If the person making the inquiry requests further details on the respondent's expertise, then such additional details should be provided privately to person making the inquiry rather than publicly to the entire discussion list. Responses to any requests contemplated by this section must at all times be truthful and reliable and otherwise comply with these Guidelines.
Violations Any violation of these guidelines may result in revocation of a user's privilege of participation in the discussion list. In this regard, it is recognized that some of the guidelines are subjective in nature. The evaluation of the Forum governance will, therefore, have the final authority regarding all interpretations of violations of these guidelines. Use of the discussion list constitutes agreement with the Forum's sole authority to remove privileges of use of the discussion list from any person, at any time, in its sole discretion.
Disclaimers The following disclaimers apply to all postings on the discussion list. Use of the discussion list by any individual, group or entity constitutes agreement with, and acceptance of, the following disclaimers:
1. The opinions and views expressed on, and through, the discussion list are merely those of the person(s) and organizations placing the posting and they do not reflect the views of the American Bar Association, the Forum or of any other member of the Forum.
2. No one can, or should, rely upon the information in postings on the discussion list as constituting legal advice.
3. Posting and receiving messages on the discussion list does not, and shall not, create, or constitute, an attorney-client relationship between any attorney and any other individual, group or entity.
4. The discussion list is provided by the American Bar Association for the convenience of its members and guests. No representations or warranties whatsoever, express or implied, are given as to the accuracy of the information posted to, or received from, the discussion list, or as to the continued availability of the discussion list.
Neither the American Bar Association, the Forum, nor any of its members shall be liable for any failure of the discussion list, the contents of any posting, the exchange of any ideas, information on the discussion list, or for messages that are found on the discussion list.