Disclaimers
The content of this site is for general information only. It should not be considered or relied upon as legal advice. Legal advice can be given by MALECKI LAW and its attorneys and relied upon by you only after we have entered into an attorney/client relationship and had an opportunity to learn and consider all of the relevant facts which relate to your particular situation.
It is the policy of MALECKI LAW to enter into a written engagement letter or retainer agreement with each client before entering into an attorney/client relationship. Until such a letter has been prepared and signed, you should not consider yourself to be represented by, or to be in an attorney/client relationship with, MALECKI LAW or any of its attorneys.
The attorneys of MALECKI LAW are actively members of the Bar of the State of New York and authorized to practice law in Massachusetts and The District of Columbia, although not active there. As such, this office can practice in those states and before certain federal courts and agencies located in other states, as the memberships are resumed and for those states already active.
MALECKI LAW and its attorneys do not, by publishing this site, hold themselves out as practicing in any geographic area or before any tribunal or agency where they are not authorized to practice.
Statement of Clients' Rights & Responsibilities
This information is designed to inform you of what you, as a client, are entitled to by law or custom. To help prevent a misunderstanding between you and your attorney, please read this document carefully.
If you ever have any questions about these rights, or about the way your case is being handled, do not hesitate to ask your attorney. Your attorney should be readily available to represent your best interests and keep you informed about your case.
An attorney may not refuse to represent you on the basis of race, creed, color, sex, sexual orientation, national origin or disability.
You are entitled to an attorney who will be capable of handling your case; show you courtesy and consideration at all times; represent you zealously; and preserve your confidences and secrets that are revealed in the course of the relationship.
You are entitled to a written retainer agreement that must set forth, in plain language, the nature of the relationship and the details of the fee agreement. At your request, and before you sign the agreement, you are entitled to have your attorney clarify in writing any of its terms, or include additional provisions.
You are entitled to fully understand the proposed rates and retainer fee before you sign a retainer agreement, as in any other contract.
You may refuse to enter into any fee arrangement that you find unsatisfactory.
Your attorney may not request a retainer fee that is contingent on the securing of a divorce or on the amount of money or property that may be obtained.
Your attorney may not request a retainer fee that is nonrefundable. That is, should you discharge your attorney, or should your attorney withdraw from the case before the retainer is used up, he or she is entitled to be paid commensurate with the work performed on your case, but must return the balance of the retainer to you. However, your attorney may enter into a minimum fee arrangement with you that provides for the payment of a specific amount below which the fee will not fall based upon the handling of the case to its conclusion.
You are entitled to know the approximate number of attorneys and other legal staff members who will be working on your case at any given time and what you will be charged for the services of each.
You are entitled to know in advance how you will be asked to pay legal fees and expenses and how the retainer, if any, will be spent.
At your request, and after your attorney has had a reasonable opportunity to investigate your case, you are entitled to be given an estimate of approximate future costs of your case, which estimate shall be made in good faith but may be subject to change due to facts and circumstances affecting the case.
You are entitled to receive a written, itemized bill on a regular basis, at least every 60 days.
You are expected to review the bills sent by counsel, and to raise any objections or errors in a timely manner. Time spent in discussion of bills will not be charged to you.
You are expected to be truthful in all discussions with your attorney, and to provide all relevant information and documentation to enable him or her to competently prepare your case.
You are entitled to be kept informed of the status of your case, and to be provided with copies or correspondence and documents prepared on your behalf or received from the court or your adversary.
You have the right to be present in court at the time that conferences are held.
You are entitled to make the ultimate decision on the objectives to be pursued in your case, and to make the final decision regarding settlement of your case.
Your attorney's written retainer agreement must specify under what circumstances he or she might seek to withdraw as your attorney for nonpayment of legal fees. In an action or proceeding is pending, the court may give your attorney a "charging lien," which entitles your attorney to payment for services already rendered at the end of the case out of the proceeds of the final order or judgment.
You are under no legal obligation to sign a confession of judgment or promissory note, or to agree to a lien or mortgage on your home to cover legal fees. You attorney's written retainer agreement must specify whether, and under what circumstances, such security may be requested. In no event may such security interest be obtained by your attorney without prior court approval and notice to your adversary. An attorney's security interest in your marital residence cannot be foreclosed against you.
You are entitled to have your attorney's best efforts exerted on your behalf, but no particular results can be guaranteed.
If you entrust money with an attorney for an escrow deposit in your case, the attorney must safeguard the escrow in a special bank account. You are entitled to a written escrow agreement, and may request that one or more interest bearing bank accounts be used. You also are entitled to a written receipt, and a complete record concerning the escrow agreement. The attorney must promptly make payment of the escrow to all persons who are entitled to it.
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.
11 Broadway, Suite 400
New York, New York 10004
212- 943-1233 telephone
212- 943-1238 facsimile
jenice@maleckilaw.com
Terms and Conditions of Use
By accessing and using this site, you agree to be subject to the Terms and conditions of Use of this web site.
TOPICS
- General Provisions
- Rules of Conduct
- Copyright
- Trademarks and Servicemarks
- Hyperlinks and Advertisers
- Limited Liability and Disclaimer of Warranties
- Right to Modify
- Violations by Users
- Choice of Law
- Privacy Policy
The Law Office of Jenice L. Malecki ("THIS OFFICE") is located in the State of New York in the United States of America. You are not permitted to access this web site from a country where it may not be appropriate or available and where the content may be illegal. If you access this web site from locations other than those within the United States, you do so at your own risk and are responsible for compliance with applicable local laws. Failure to enforce any provision will not constitute a waiver to do so at any time.
The conduct of visitors to this web site is considered very important by THIS OFFICE, which is intended to be a business-to-business web site. The following rules of conduct must be followed in use of this web site or if linking this web site to another site. Failure to follow the rules of conduct and/or engaging in unlawful or prohibited use of this site automatically terminates your right to use this site.
By using any communication service, news group, software library, list-service or other interactive service that may be made available to you on or through this site, you agree not to upload, post or otherwise distribute or facilitate distribution of any content of any nature (text, software, images, sounds, data or other information) that:
Impersonates or pretends to be any person or entity associated with this office or any other person, or misleads any person or entity as to your true identity, as opposed to the identity of any other person or entity, including any employee, agent or representative of THIS OFFICE;
- is unlawful, threatening, harassing, defamatory, abusive, libelous, deceptive, invasive of another's privacy, fraudulent, tortious, contains explicit or graphic descriptions or accounts of sexual and/or violent acts directed at another individual or group of individuals or otherwise violates THIS OFFICE policies;
- victimizes, harasses, degrades or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, national origin or disability;
- infringes on any patent, trademark, trade secret, copyright, right of publicity or any other right of any other party;
- constitutes unauthorized or unsolicited advertising, chain, junk or bulk e-mail ("spamming"), or any other form of unauthorized solicitation, lottery or gambling; or
- contains software viruses or any other computer code, files or programs that are designed or intended to disrupt, damage or limit the functioning of any software, hardware or telecommunications equipment or to damage or gain unauthorized access to any data or other information of a third party.
U.S. and international copyright laws protect this web site. THIS OFFICE owns the copyright to the entire compilations, (1) text and graphic content, (2) design and layout of the web site and each page thereof, and (3) logos of the THIS OFFICE web site. In instances where the copyrighted materials of third parties are utilized, the authorization and license to use the copyrighted material owned by others has been obtained for use by THIS OFFICE only. THIS OFFICE neither warrants nor represents that your use of materials displayed on the web site will not infringe rights of third parties not owned by or affiliated with THIS OFFICE.
Textual and graphic materials may not be used except as provided in these Terms and Conditions without the written permission of THIS OFFICE. Any unauthorized use of the textual or graphic content, layout and design or logos may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. Copyright infringement (unauthorized use) is a violation of United States federal law and could subject a violator to civil and/or criminal penalties. Except for only personal use which will not ultimately benefit a commercial user, no copyrighted material may be distributed, downloaded, modified, reused, reproduced, reported, retransmitted, disseminated, sold, published, broadcast or circulated or otherwise used except as expressly stated either in such materials or in this notice without the express written permission THIS OFFICE. For permission, contact this office.
The trademarks and/or servicemarks owned by THIS OFFICE identify its brand name. Copies of all covers (front, back and spine), title pages, title or welcome screens, web site home pages, labels, packaging, and advertising of all products and publications in any medium referencing any of THIS OFFICE's trademarks should be submitted to THIS OFFICE for review prior to publication or distribution.
THIS OFFICE grants you the right to create a hyperlink to THIS OFFICE's web site or any document on THIS OFFICE's web site, on condition that your hyperlink does not (1) defame or negatively speak of THIS OFFICE, or (2) create an appearance that there is a sponsorship or endorsement between THIS OFFICE and your company or between the pages. All links must be disclosed in writing to THIS OFFICE.
THIS OFFICE hyperlinks to other web sites and allow advertisements for entities not under the control of or endorsed by THIS OFFICE. The opinions of those web sites are also not the opinions of THIS OFFICE. Hyperlinks and advertisers are intended to be a convenience to you, but are visited or patronized at your own risk. THIS OFFICE assumes no responsibility for, or obligation to, monitor the content or conduct of unrelated Internet sites or entities. If you have a problem with an advertiser or hyperlink destination, please let THIS OFFICE know, because what you think is important to us.
The Internet is public and e-mail communications between you and THIS OFFICE via this web site are subject to the risk of being viewed by other parties. Accordingly, you agree not to transmit confidential or proprietary information related to you, your family or business to THIS OFFICE.
7. Limited Liability and Disclaimer of Warranties
THIS OFFICE uses its best efforts to maintain the information in this web site accurate and up to date, but does not warrant or represent its accuracy, completeness, currency, and/or reliability. All uses agree that the access to and use of the web site is at the user's own risk and the information is presented "as is," "as available." There are no warranties, implied or express, for the merchantability or fitness for a particular purpose of any content of this web site.
THIS OFFICE specifically disclaims any liability, whether based in contract, tort, strict liability, or otherwise, for any direct, indirect, incidental, consequential, or special damages arising out of or in any way connected with access to, inability to access, or use of the web site, even if the possibility of such damages has been disclosed to THIS OFFICE. This includes, but is not limited to, use of or reliance on content obtained through use of this web site, or that arises in connection with mistakes or omissions in, or delays in transmission of, information to or from the user. Interruptions in telecommunications connections to the web site or viruses, whether caused in whole or in part by negligence, acts of God, telecommunication failure, server error, theft, destruction of, or unauthorized access to the web site or related information. The user specifically waives any and all claims that may arise out of use of THIS OFFICE.
The information and services offered on this web site are provided in a manner that is not designed in and of itself to offer legal or other professional advice or services. Any service provided to any party by THIS OFFICE for a fee has warranties specifically stated or required by law attributable to those services.
THIS OFFICE reserves the right to modify this web site and the rules and regulations governing its use at any time. Modification will be posted on the web site, and users are deemed to be apprised of and bound by any changes to the web site. THIS OFFICE may make changes in the products and/or services described in this web site at any time.
THIS OFFICE reserves the right to seek all legal remedies available at law and in equity for violations of the terms of use, policies, rules and regulations set forth in this web site.
The laws of the State of New York, USA, will govern any claims relating to the use of this web site.
The privacy of visitors to this web site is considered very important by THIS OFFICE. To that end, we are providing you with information about how personal information collected by or provided to THIS OFFICE is treated.
TOPICS:
- Generally
- Information Provided to THIS OFFICE
- E-Mail and Mailing Lists
- Cookies
- Changes
- How to Contact THIS OFFICE
THIS OFFICE collects personally identifying information only during registration in its questionnaires, mailing lists and e-mails. Information may also be gathered in interactive areas of the web site in which users specifically and knowingly participate in questionnaires, quizzes, e-mail list services, membership chat rooms, voting or in providing content submissions to newsletters or otherwise.
2. Information Provided to THIS OFFICE: Visitors, Professionals and Clients
Information provided to THIS OFFICE will be kept strictly confidential and will not be provided to any third party who is not affiliated or working with THIS OFFICE for any reason without the user's consent or request. None of the information provided to THIS OFFICE will be sold to third parties. THIS OFFICE uses its best efforts to secure and safeguard any information provided to us, but do not warrant against hackers and electronic pirates. Users are always free to communicate with THIS OFFICE by telephone and through facsimile and/or commercial and governmental mail carriers.
Personal information provided by you to THIS OFFICE will be used to provide you with desired information and services or, administratively, to devise new programs and policies to meet consumer needs. That may include sharing non-identifying, non-personal, demographic information (such as your country of origin) in aggregate to advertisers and/or sponsors to better design and maintain the web site. You may obtain any personally identifiable information by sending us a request in writing signed by you with proper identifying information.
You can register with the site to receive newsletters, brochures, catalogue, updates and information on new services and other materials. By providing information to this web site, if you so direct, you will be placed on this company's mailing and e-mailing lists. Your e-mail and mailing addresses will only be provided to third parties at your request by telephone, letter, or facsimile, or by providing information in response to a questionnaire, comment or other technological submission. You may request to be removed from or correct information contained in a mailing or e-mail list at any time through the web site or by THIS OFFICE directly.
Cookie information may be collected by THIS OFFICE only for its own purposes to better serve its clients and users, as well as to protect them. THIS OFFICE reserves the right to use cookies to police its rules, regulations, mission, trade mark, servicemark, copyright and trade secrets from unauthorized and legal access, but does not warrant against unknown, unauthorized or illegal use or access.
Changes to the above policies will be posted here for three months reflecting the date of change, as well as incorporated above. Changes may occur at any time.