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Proposed Revisions to the Policy on Use of Members’ Records

It is the policy of the District of Columbia Bar to manage its data base of member records consistent with good business practices and the purposes of the Bar as defined by the D.C. Court of Appeals Rules governing the Bar.

  1. Access to Members’ Records
    1. Access by the D.C. Court of Appeals
      Upon an oral or written request by an individual authorized to act as a representative of the D.C. Court of Appeals, the Bar staff will provide any information contained within a member’s file. The staff will also provide any historical information available in the membership data base.


    2. Access by the Public
      Upon request of any person, and without regard to the purpose for which the request is made, the Bar staff will verify whether an individual is a member of the Bar and his/her status (i.e., active, inactive, judicial) and, if requested, will provide the following data: the member’s i.d. number, date of admission, business address or, if none is available, the home address and the telephone number, if one is available. Also, the staff may provide both the member’s facsimile number and E-mail address, if not restricted by the member. The staff will also provide, upon written request, historical information on each of the above subjects

      In addition, unrestricted member information may be published on the Bar’s Website, magazine or in any other public venue consistent with the purposes of the Bar as defined by the D.C. Court of Appeals Rules governing the Bar.

    3. Access for Commercial Use
      The D.C. Bar may rent lists containing members’ names and preferred addresses in the form of mailing labels, disks and other electronic media to educational organizations, government agencies, law firms and other commercial entities. Within thirty (30) days after each member’s admission to the D.C. Bar, the Bar will give the member an opportunity to restrict his or her name from this use. Thereafter, any member has the right to modify the availability of his or her file for this purpose by notifying the Bar in writing.


      The Bar will not provide the fax numbers or E-mail addresses of its members to any external entity for any reason, except as allowed herein.

    4. Internal Bar Use
      The D.C. Bar may use its membership data base only for activities that are consistent with the organization’s purposes as defined by the D.C. Court of Appeals Rules governing the Bar.

    5. Other Conditions
      Requests for information from government entities other then the D.C. Court of Appeals not covered by Section I are subject to the review and approval of the Executive Director. Any request by a member for access restrictions not covered by this policy must be submitted to the Executive Director in writing for review and action.

  2. Member Communication
    1. The primary method of direct communication with the membership is by mail. The Bar believes that e-mail is an efficient and cost effective alternative to mail. Within thirty (30) days after each member’s admission to the D.C. Bar, the Bar will give the member an opportunity to elect e-mail communication as the primary means of communication with the member. Thereafter, any member has the right to modify his/her primary means of communication by notifying the Bar in writing.

    2. Members who elect e-mail communication as their primary means of member communication will receive all Bar communication that the Bar makes available in electronic format by that means. These communications could include official Bar and Court notices, committee communication, section notices and announcements, surveys, and magazines. The list of communications made available in electronic form is subject to change.

    3. Members who do not elect e-mail communication but have valid e-mail addresses contained within their file may receive periodic official notices from the D.C. Bar by electronic means. These communications could include, but are not limited to official notices from the Bar or the Court, messages from standing and special committees, section announcements.

    4. Consistent with the Bar’s aforementioned policy not to provide members’ e-mail addresses to any external entity, e-mail communication from the Bar by electronic means may not include any message on behalf of a third-party vendor unless that vendor is covered by a written endorsement agreement with the D.C. Bar. Within thirty (30) days after each member’s admission, the Bar will give the member an opportunity to restrict his or her e-mail address from use by the Bar to promote its endorsed business partners. Any member has the right to modify the availability of his/her e-mail address for this specific purpose by notifying the Bar in writing.

    5. Unsolicited official e-mail from the D.C. Bar for the purpose of this policy is defined as messages that are sent without the member expressing an interest in receiving these messages either through subscribing or joining a Bar group, such as a committee or section. Examples of unsolicited official D.C. Bar e-mails sent under this policy would include Court announcements, notices of significant Bar events or deadlines, changes in Bar policy or by-laws, and requests for member comment.

    6. The Bar will exercise discretion in the frequency of unsolicited official e-mail it sends to the membership that contain messages from one or more of the Bar’s endorsed business partners. To this end, unsolicited official e-mail from the Membership Committee of this type is limited to the lesser of four times per fiscal year or once per calendar quarter.

  3. Interactive Communication
    1. The D.C. Bar may use member E-mail addresses to host interactive list services where appropriate to facilitate communication among specified groups. These Lists may be established as public (available as a subscription), restricted (limited to a specific group of individuals) or private (restricted to a specific list of individuals). Groups entitled to sponsor a list serve include: the Board of Governors, Bar Committees, the Sections, and the Bar’s Divisions and Departments. The sponsoring group is responsible for the periodic monitoring of its list’s activities.

    2. All individual messages posted on the Bar’s list service will be annotated as follows:
      “Only the individual sender is responsible for the content of this message. This message does not necessarily reflect the position or policy of the D.C. Bar or any of its affiliated offices.”
    3. List service participants will receive Appendix A, as an attachment, and the following message when they are first welcomed as a participant in a list:

      “The D.C. Bar List Service is owned and operated by the District of Columbia Bar under the attached, “Rules for List Service Participants” and is provided as a service to its members. You are a participant of this list because you have either subscribed or are a member of a committee, section or other Bar group. The name of your sponsor is listed in the From area of this message.

      If you wish to unsubscribe from this list, send a reply e-mail with the word “unsubscribe” in the body of your message. If you have any questions about the operation of the service or the maintenance of this list, send an E-mail to <Insert Address if Sponsor Here> .

Appendix A

Rules for List Service Participants:
Participants in D.C. Bar List Service agree to the following terms and conditions. Violations of these rules may result in temporary or permanent revocation of participation privileges.

  1. Participation in a D.C. Bar List Service is a privilege. Postings of marketing, commercial, defamatory, abusive, profane, threatening, offensive, or illegal materials are prohibited. If you believe that the privilege of using this Listserv is being abused by a subscriber, it is your right and responsibility to report those abuses via E-mail to [List Manager's Address].

  2. The responsibility of the posting content lies entirely with the poster. The Bar does not take responsibility for inappropriate postings and does not, on its own, undertake editorial control of postings. However, when an inappropriate posting is brought to the Bar’s attention, the Bar reserves the right, in its discretion, to take appropriate action, including, without limitation, the editing, refusal to post, or removal of any material or posting and/or the restriction or exclusion of any individual from further use of the service.

  3. Messages posted on a list should be relevant to, and intended for, the entire group. Messages which are intended for specific individuals or messages that are personal or commercial in nature or are unrelated to the group’s primary purposes are not permitted.

  4. All messages must include the sender’s E-mail address.

  5. For purposes of privacy and protection, a comment by another member of this group shall not be quoted outside this group or used with attribution to that person or his or her organization without the individual’s specific consent to do so. The Bar reserves the right to disclose any material or posting or information to the extent necessary to comply with any applicable law or regulation or subpoena or lawful governmental request.

  6. When posting a contribution that includes any materials from another source, the poster shall obtain all necessary permissions from the author or publisher of that material in advance of the posting. If the posting is not thus authorized, then the source materials should not be posted, but may be summarized, if credit is given to the author/publisher, and the readers are directed to the original source. By posting any material from other sources, the posting party warrants that he or she has all rights necessary to do so, and grants the Bar the nonexclusive right and license to display, copy, publish, transmit, print and use such information of other material to the extent necessary to provide and use this service.

  7. The Bar reserves the right to revise and/or supplement these Rules.

  8. The posting party agrees to indemnify and hold harmless the Bar, including its governors, officers, employees and staff from and against any action, claim, damage, dispute, demand and/or liability arising out of or relating to: (a) the posting party's use of or inability to use the Listserv; (b) the postings, messages, content and/or data of or by the posting party; and/or (c) any breach of these Rules by the posting
    party.

  9. Any dispute arising from or relating to the Listserv shall be brought before a state or federal court located in the District of Columbia. The posting party consents to the exercise of personal jurisdiction by such forums.
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