Confidentiality of Information Mandated by Supreme Court of New Jersey
NJGunLawyers.com, and Gun Lawyers in New Jersey™: Who We AreNJGunLawyers.com is one of the web sites of New Brunswick criminal defense lawyer Allan Marain, his associate, and his assistants. Gun Lawyers in New Jersey™ is the descriptive trade mark that pertains to Mr. Marain's gun law practice. Guns comprise a considerable part of that practice.
Information we collect from visitors
Visitors to NJGunLawyers.com can access its home page, and browse most areas of the site without disclosing any personally identifiable information. Personally identifiable information is collected only from those individuals who complete the form on the case evaluation page, or who provide additional information through email, telephone, snail mail, or office conference. Completing the case evaluation form, in and of itself, actually discloses no information to Gun Lawyers in New Jersey™. Information is disclosed if and only if the visitor then elects to email the completed form to Gun Lawyers in New Jersey™. The case evaluation page has a button that enables the visitor to email the form. By leaving the site without clicking on that button, whatever information the visitor may have entered is deleted.
Under other headings on this page, Gun Lawyers in New Jersey™ explains how it uses information collected from visitors. Visitors should understand, however, that emailed information can be intercepted enroute. The likelihood of such interception is remote. Gun Lawyers in New Jersey™ are not aware of any instances where it has happened. Nonetheless, a small risk exists. Telephone and snail mail communications are probably safer.
Information that we collect when you register
This site contains no provision at this time for visitors to register.
Information from outside sources
Gun Lawyers in New Jersey™ obtain information from outside sources, as needed. Sources for this information include relevant courts, local police departments, New Jersey State Police, the FBI, the New Jersey Motot Vehicle Commission, and commercial databases such as Westlaw. Gun Lawyers in New Jersey™ use obtained information in order to determine eligibility for conditional discharges, to prepare for trial, to prepare for sentencing, and to prepare court papers in connection with representation of clients.
Information that Gun Lawyers in New Jersey™ collects on this site is limited to information that visitors may choose to provide in the case evaluation form, as indicated above. However, each page on NJGunLawyers.com contains links that enable the user to email Gun Lawyers in New Jersey™. Gun Lawyers in New Jersey™ review all emails so received, and provide such follow-up as may be indicated. emails received from this source are typically from prospective clients. Gun Lawyers in New Jersey™ reviews emails and makes a preliminary assessment of whether Gun Lawyers in New Jersey™ may be able to assist the sender. Where such assistance may be feasible, Gun Lawyers in New Jersey™ will attempt to follow up on the inquiry. Gun Lawyers in New Jersey™ will use contact information in the email for that purpose. That contact information typically is either a telephone number, or an email address. Telephone information may specify best times for the user to obtain a return call. Gun Lawyers in New Jersey™ honors such requests when the best time is during normal business hours. Gun Lawyers in New Jersey™ attempt to honor such requests even outside normal business hours. However, commitments for other activities may delay response before Gun Lawyers in New Jersey™ is able to make the return call.
The follow up that Gun Lawyers in New Jersey™ make will typically result in obtaining additional information. Gun Lawyers in New Jersey™ evaluate that information and use it in the same manner as information obtained directly from answers to the questionnaire.
Gun Lawyers in New Jersey™ do not employ log files, or pixel-tags (Web beacons) to identify users as they move through our Web sites. Users' browsers allow web hosts to place some information (session based IDs and/or persistent cookies) on their computer's hard drive that identifies the computer they are using. Gun Lawyers in New Jersey™ use of these technologies is limited to the case evaluation page. That page sets a cookie in order to limit case evaluation submissions to one per session.
NJGunLawyers.com keeps track of visits through a counter maintained by SiteMeter. That software keeps track of entry page, exit page, number of pages visited, duration of visit, and other information about the visitor's operating system and monitor. The software is unable to identify and does not identify who has visited. Nor does it identify the email address of the visitor.
All requested information is voluntary
All information that you may submit is submitted voluntarily. However, unless the information is provided, Gun Lawyers in New Jersey ™ will be unable to make a preliminary online assessment of the visitor's inquiry. Solicitation of information is limited to the case evaluation page.
How we use the information
As indicated above, the only information that Gun Lawyers in New Jersey™ collect through use of its site is information that the user elects to provide through completion and transmission of the case evaluation form, and through transmission of emails using the site's email links. Gun Lawyers in New Jersey™ review all information so provided. Case evaluation data are used to determine whether Gun Lawyers in New Jersey™ may be able to assist the defendant. Gun Lawyers in New Jersey™ generally attempt to respond to the inquirer or the defendant, as may be indicated. In most cases, this response will be in the form of a telephone call. Occasionally response will be limited to email. Reasons for email, as opposed to telephone follow up might include unavailability during times when inquirer is available; or to indicate to the inquirer that Gun Lawyers in New Jersey™ are unable to assist the inquirer for some reason. When it appears that they may be able to assist the inquirer (or the defendant), Gun Lawyers in New Jersey™ will use contact information provided by the visitor to seek follow-up information. The mere act of completing and submitting the questionnaire, or sending an email to Gun Lawyers in New Jersey™ does not create an attorney-client relationship. Nor does a follow-up email or telephone call by Gun Lawyers in New Jersey™ create an attorney-client relationship. In most cases, an attorney-client relationship exists only when Gun Lawyers in New Jersey™ have explicitly agreed to provide representation and the client, or someone else acting on behalf of the client, paid whatever retainer amount may have been agreed upon. It is standard practice of Gun Lawyers in New Jersey™ to confirm all retainer agreements by letter as soon as possible after being retained.
Gun Lawyers in New Jersey™ uses information that you provide ONLY for the purposes just indicated. We never sell your information to third parties. Your information does not go onto a mailing list. Your information is used only to explore whether we may be able to assist you and, if so, to begin a dialogue with the visitor or the defendant.
How Gun Lawyers in New Jersey™ handles privacy internally
We have implemented technology and security policies, rules, and other measures to protect the personal data that we have under our control from unauthorized access, improper use, alteration, unlawful or accidental destruction, and accidental loss. We also protect your information by requiring that all our employees and others who have access to or are associated with the processing of your data respect your confidentiality.
Storage of legal and personal information information
Gun Lawyers in New Jersey™ does not require visitors to register, or to provide passwords. Gun Lawyers in New Jersey™ authenticates identity of users only when an attorney-client relationship is established.
Personally identifiable information that you share with us is stored on our computer hard drive, and in paper files. Computer information is backed up routinely, in order to aid in the recovery of information in the event of accidental damage of information or due to a natural disaster. Encrypted backups of computer data are stored offsite. Gun Lawyers in New Jersey™ use a firewall and other technology to prevent individuals from accessing information without authorization. The premises itself is secured and monitored during non-business hours by an alarm monitoring firm.
Consistent with R.P.C. 1.6, Gun Lawyers in New Jersey™ may share some kinds of information with third parties in the following manner: Visitors who provide information generally do so for either (or both) of two reasons. The first reason is that they are seeking advice or opinions concerning their situation. Information provided for that purpose is treated as completely confidential. In most cases, only Gun Lawyers in New Jersey™ and its staff shall have access to that information. Staff would see such information were they to assist in researching an answer to an arcane legal issue. They would also see such information in preparing correspondence to clients, or in processing information received from clients. In some cases, Gun Lawyers in New Jersey™, in the normal course of assisting visitors, will divulge information to third parties. Typical situations where this happens is where the visitor seeks assistance from Gun Lawyers in New Jersey™ to determine additional details concerning their matter. In such cases, Gun Lawyers in New Jersey™ would need to provide to court personnel, or personnel in other government agencies, sufficient information so that they could identify the person in question in order to retrieve relevant records.
The second reason is that the visitor retains Gun Lawyers in New Jersey™ for the purpose of seeking representation in an ongoing court matter. Upon retaining one of the Gun Lawyers in New Jersey™, visitors are then implicitly authorizing them to use their information for purposes of representing them in court. Once filed, that information is processed by clerical personnel in the court, by judges, and by judges' staff. Once documents are filed and served, Gun Lawyers in New Jersey™ loses control over what happens to information in those documents.
Updating your personal information and contacting Gun Lawyers in New Jersey™
You can always contact us in order to update the personal information that you have provided to us.
The vast majority of information that Gun Lawyers in New Jersey™ obtain is from adults. Information that may be obtained from children is protected in the same manner as information obtianed from adults. In addition, before divulging information, Gun Lawyers in New Jersey™ will confirm with a responsible adult that such divulgence is contemplated. If an attorney-client relationship with a child is established, then Gun Lawyers in New Jersey™ owes to that child client the same obligation of confidentiality as to an adult. Wishes of the child client and the responsible adult will seldom differ. In the unusual event such differences do arise, it is the wishes of the child client that Gun Lawyers in New Jersey™ is obliged to honor.
Rules of Professional Conduct
RPC 1.6 Confidentiality of Information
(a) A lawyer shall not reveal information relating to representation of a client unless the client consents after consultation, except for disclosures that are impliedly authorized in order to carry out the representation, and except as stated in paragraphs (b), (c), and (d).
(b) A lawyer shall reveal such information to the proper authorities, as soon as, and to the extent the lawyer reasonably believes necessary, to prevent the client or another person:
(1) from committing a criminal, illegal or fraudulent act that the lawyer reasonably believes is likely to result in death or substantial bodily harm or substantial injury to the financial interest or property of another;
(2) from committing a criminal, illegal or fraudulent act that the lawyer reasonably believes is likely to perpetrate a fraud upon a tribunal.
(c) If a lawyer reveals information pursuant to RPC 1.6(b), the lawyer also may reveal the information to the person threatened to the extent the lawyer reasonably believes is necessary to protect that person from death, substantial bodily harm, substantial financial injury, or substantial property loss.
(d) A lawyer may reveal such information to the extent the lawyer reasonably believes necessary:
(1) to rectify the consequences of a client's criminal, illegal or fraudulent act in the furtherance of which the lawyer's services had been used;
(2) to establish a claim or defense on behalf of the lawyer in a controversy between the lawyer and the client, or to establish a defense to a criminal charge, civil claim or disciplinary complaint against the lawyer based upon the conduct in which the client was involved; or
(3) to comply with other law.
(e) Reasonable belief for purposes of RPC 1.6 is the belief or conclusion of a reasonable lawyer that is based upon information that has some foundation in fact and constitutes prima facie evidence of the matters referred to in subsections (b), (c), or (d).
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