THIS TERMS AND CONDITIONS PAGE GOVERNS YOUR USE OF THIS WEBSITE.
PLEASE READ THE FOLLOWING AGREEMENT AND INFORMATION CAREFULLY.
Last Revision: January 10, 2019
Welcome to Oberheiden P.C. website. Oberheiden P.C. (the “Firm”) is a Dallas-Texas based law firm. Your use of any Firm associated website (collectively, the “Website”) and any features therein are subject to these terms and conditions (the “Terms”).
By accessing this Website in any way — including without limitation, by browsing or using any information found herein, or submitting information to the Firm — you agree and are bound to the terms, conditions, policies and notices contained in this Terms page, including, but not limited to, disclaimers of warranties, damage and remedy limitations and a choice of Texas law. If you do not accept or abide by these Terms, you must leave the Website and discontinue its further use.
The Firm may, in its sole discretion, at any time and for any reason, with or without notice, revise and update these Terms. Any such modification will become effective upon posting of an updated version of these Terms. It is your responsibility to review these Terms on a regular basis to ensure you are familiar with its most recent version. If you continue to use the Website after any such modification has been made, you have thereby signified your acceptance of the Terms as modified.
No content on this Website or affiliated links going into this Website or originating from this Website under the control of Oberheiden PC are intended to be or meant to be misleading. See Bates & Van O’Steen v. State of Arizona, 433 U.S. 350 (1977).
Oberheiden P.C. operates this Website publishes information on this Website. This Website and its domain name are owned by a third party. This third-party owner is not a law firm and does not practice law but it solely provides the domain of Website to Oberheiden P.C. The responsible attorney for this Website is P.C. Meyer. Firm is not a national firm (e.g. with national presence), but Firm does service clients in numerous states, where appropriate, and subject to these Terms. Meeting locations listed on the Website are not owned by Firm and do not constitute offices. Phone calls from all listed phone numbers are forwarded to mobile phones of Texan residents. Firm does not own any property or inventory in any state outside of Texas and Firm has no payroll obligations outside the State of Texas. With respect to New York Judiciary Law Section 470 and consistent with Schoenfeld v. New York (25 N.Y. 3d 22 ), the New York location listed on the Website is an “office for the transaction of law business” where service of process can be effectuated during normal business hours through attending staff, where mail can be received, to which phone calls answered by New York staff can be made, and where New York clients can meet, upon appointment, with Firm’s New York licensed attorneys.
No Legal Advice, No Confidentiality, No Attorney-Client Privilege
This Website and the materials on this Website have been prepared by Oberheiden P.C. to provide general information about law, legal issues and legal developments. As such, the Website and its content does not constitute or contain legal advice, legal opinions or any other form of advice regarding any fact or circumstance. Do not act or fail to act upon any Website information without seeking professional legal counsel.
WARNING: Communication between you and Oberheiden PC via this Website or its Live Chat should NOT be interpreted as establishing an attorney-client relationship. Do not send Oberheiden PC any privileged or confidential information unless Oberheiden PC has accepted you as a client. Oberheiden PC may not maintain the confidentiality of information received outside a formally established attorney-client relationship.
By your access or use of this Website, you agree and certify that any communication or material you transmit to this Website or the Firm, in any manner or for any reason, will not be treated as confidential or proprietary. Of course, we want to hear from you but do not send the Firm any information about any matter involving you until you receive an executed engagement letter or other in-writing confirmation from the Firm that we represent you. After you become a client of the Firm, if you have confidential information to share with us, please contact us first to ask how best to share that information with the Firm. In any case and without limitation, your access or use of the Website does not create an attorney-client relationship. Your access or use of this Website does not make you a client or a prospective client of the Firm.
How to Become Our Client
You may become a client of the Firm only if you sign an engagement agreement between yourself and the Firm. The purpose of such engagement agreement is to disclose the scope of Firm’s services, Firm’s fee arrangement and other important terms. Nonetheless, the Firm has a strict conflicts policy. Prior to accepting a new client, the Firm carefully evaluates whether the acceptance of a new client could present a conflict to existing or past representations of other clients.
No Guarantee of Results
Some of this Website’s case summaries, reports of past cases (and their outcomes) and the description of experience and past legal services in a lawyer’s profile outline and describe past cases handled by the Firm’s lawyers. They are not intended to serve as a guarantee that the same or similar result can be achieved in every matter or in your case. You must not assume that a similar outcome and case result can be obtained in your case. Each case is different and the outcome of each case depends on a variety of factors, such as specific facts, circumstances and laws that apply to the matter. Unexpected developments beyond the control of any client or lawyer may further make your case substantially different than cases handled by Firm’s lawyers in the past resulting in different and perhaps even negative outcomes in your case. Any case results noted on this Website do not guarantee or predict a similar result in any future case.
Intended to be consistent with New York’s Rules of Professional Conduct (Rule 7.1) and similar rules, where applicable, any reference to a specific “Success Rate” (e.g. “Avoided Criminal Charges in 92% of All Cases”) is based on a two-year review process, includes any representation in which federal charges are conceivable, is subject to verification and accuracy, and it relates to attorney Nick Oberheiden only.
Specialty Licensing Status
Unless otherwise expressly specified, the attorneys listed on this Website are not certified as specialists or experts by any professional or governmental agency or authority. Mentioning of Firm’s practice areas, practice focus, expertise, or legal experience are not intended to suggest board certification or to denigrate other law firms or attorneys in any way. Our attorneys are licensed in the jurisdictions listed in their respective profiles and our attorneys do not and do not intend to advise clients on the laws of states in which that respective lawyer is not licensed. Oberheiden PC’s practice is predominantly federal law and we may affiliate or form relationships with lawyers throughout the United States for licensing purposes. The laws of each state vary and you must assume that general information on the law that you may find on the Website (e.g. regarding the Statute of Limitations) accurately reflects the law in your respective state. Consistent with United States v. Beauchamp et. al. (3-16CR-0516D, NDTX) and similar cases, Firm will review all healthcare audits and commercial insurance audits under full consideration of federal statutes 18 U.S.C. 1952, 18 U.S.C. 1956, and 18 U.S.C. 1341.
Legal and Ethical Requirements & Disclosures
Oberheiden, P.C. tries to comply with all legal and ethical obligations in compiling this Website and in practicing law. We welcome comments about our compliance. Because some information on this Website may constitute lawyer advertising and this Website may be viewed and accessed from all 50 U.S. states, we make these special announcements with respect to state law ethical rules.
Alabama: No representation is made that the quality of legal services to be performed is superior or greater than the quality of services performed by other lawyers.
Arizona: In accordance with Rule 5.5. of the Arizona Rules of Professional Conduct, Firm’s lawyers are admitted in another United States jurisdiction, not disbarred or suspended from practice in any jurisdiction and provide legal services exclusively involving federal law or the law of another jurisdiction.
California: In accordance with the California Professional Code and Rules, this Website is a communication providing public information about the Firm’s availability for professional employment.Not all attorneys of Oberheiden, P.C. are licensed in California and nothing contained in here is meant to constitute the unauthorized practice of law.
Florida: The hiring of an attorney is an important decision that should not be based solely upon advertisements. Before you make a decision which lawyer to choose, ask the attorneys of Oberheiden, P.C. to share with you free written information about our experience and qualifications.
Iowa: The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. Pursuant to Iowa law, Oberheiden, P.C. hereby provides this NOTICE TO THE PUBLIC: Memberships and offices in legal fraternities and legal societies, technical and professional licenses, and memberships in scientific, technical, and professional associations and societies of law or field of practice do not mean that a lawyer is a specialist or expert in a field of law, nor do they mean that such a lawyer is necessarily any more expert or competent than any other lawyer. All potential clients are urged to make their own independent investigation and evaluation of any lawyer being considered. This notice is required by the Supreme Court of Iowa.
Kentucky: THIS IS AN ADVERTISEMENT.
Mississippi: The Mississippi Supreme Court advises that a decision on legal services is important and should not be based solely on advertisements.
Missouri: The Supreme Court of Missouri and the Missouri Bar Association do not review or approve certifying organizations or specialist designations.
Nevada: The State Bar of Nevada does not certify any lawyer as a specialist or expert.
New Jersey: ATTORNEY ADVERTISEMENT- NOT A REFERRAL SERVICE: Before you make a decision to hire a lawyer, you should give this matter careful thought. The selection of an attorney is an important decision.
New Mexico: LAWYER ADVERTISEMENT.
New York: LAWYER ADVERTISEMENT. Prior results do not guarantee a similar outcome.
Oregon: THIS IS AN ADVERTISEMENT.
Pennsylvania: ATTORNEY ADVERTISEMENT- NOT A REFERRAL SERVICE: Before making your choice of an attorney, you should give this matter careful thought. The hiring and selection of an attorney is an important decision.
Tennessee: None of the attorneys of Oberheiden, P.C. are certified as a Civil Trial, Criminal Trial, Business Bankruptcy, Consumer Bankruptcy, Creditor’s Rights, Medical Malpractice, Legal Malpractice, Accounting Malpractice, Estate Planning or Elder Law specialist by the Tennessee Commission on Continuing Legal Education and Specialization. Certifications as a specialist in all other listed areas, if any, are not currently recognized or available in Tennessee.
Texas: In accordance with the Texas Rules of Professional Conduct, lawyers are residents in all offices, unless indicated otherwise in an individual attorney biography and moreover, the Firm lawyers are not certified by the Texas Board of Legal Specialization. Notice: The State Bar of Texas investigates and prosecutes professional misconduct committed by Texas attorneys. Although not every complaint or dispute with a lawyer involves professional misconduct, the State Bar’s Office of General Counsel will provide you with information about how to file a complaint. You may call 1-800-932-1900 toll free for information.
Wyoming: The Wyoming State Bar does not certify any lawyer as a specialist or expert. Anyone considering a lawyer should independently investigate the lawyer’s expertise, credentials and ability, and not rely upon advertisements or self-proclaimed expertise.
Authorized Practice of Law
Firm’s lawyers are not licensed in all U.S. states. The profile of each Firm lawyer lists the jurisdiction in which that lawyer is licensed to practice law. The ability of any Firm lawyer to engage in services for a client outside of that lawyer’s state(s) licensure is subject to state law, state professional rules and court orders. The Firm does not seek, and this Website is not intended, to solicit legal engagements in jurisdictions in which lawyers of this Firm are not licensed if such engagements would constitute the unauthorized practice of law.
This Website may constitute advertising in some jurisdictions but it is not intended as advertising or solicitation in any jurisdiction where the Website would be so characterized (and would fail to comply with applicable laws and ethical rules of such jurisdiction). The Firm does not seek to represent any client solely based on visiting our Website or upon advertising and the Firm does not intend to represent anyone in violation of any laws or ethical rules.
These Terms shall apply to social media as well. We explicitly incorporate ABA Formal Opinion 10-457 and corresponding sample opinions such as California Ethics Opinion 2012-186, South Carolina Ethics Opinion 12-03, and New York State Ethics Opinion 972. Oberheiden, P.C. does not intend to hold itself out as “experts” or “specialists” or as having any “expertise” or “specialty.” Connections on e.g. LinkedIn or Facebook friends with unrepresented parties are not meant to constitute solicitations and any connections with government officials and/or judicial officers, see ABA Formal Opinion 462 and New York State Ethics Opinions 2013-39 and 2008-176. Oberheiden, P.C. will honor the restrictive views of California (Op. 66) and Florida Ethics Opinion 2009-20 and Domville v. State, 103 So. 3d 184 (Fla. 4th DCA 2012). Firm reserves the right to remove commentaries that are contrary to Firm’s policies on its social media sites. Firm strives to comply with the New York State Bar Association “Social Media Guidelines of the Commercial and Federal Litigation Section of the NYSBA” and similar rules, recommendations, and guides.
Blog posts and Website content specifically, are provided for general educational and informational purposes only. They may not reflect the law or the current law in each jurisdiction. No information contained in the blogs should be construed as legal advice from Oberheiden, P.C. or the individual author, nor are blogs intended to be a substitute for legal counsel on any subject matter. No reader of the blogs or any other website information should act or refrain from acting on the basis of any information included in, or accessible through, the blogs or the website information without seeking the appropriate legal advice on the particular facts and circumstances at issue from a lawyer licensed in the reader’s or recipient’s state, country, or licensing jurisdiction. References to “we” or “our attorneys” and the like include the accomplishments of the Oberheiden Law Group PLLC, the predecessor of Oberheiden, P.C., as well as the individual accomplishments of all current attorneys whether at Oberheiden, P.C. or elsewhere.
The Website, including its communication tools such as email addresses and “Live Chat” services, does not constitute a solicitation of employment for legal services. Again, we ask you not to send as confidential or privileged information unless you are an accepted client of our Firm. The engagement of an attorney or law firm is an important consideration that should not be based solely upon advertisements. Information, including legal information on Website does not constitute legal advice.
Mentioning of Prior Results
Texas-based law firms are limited to display, mention, and publish results that were obtained for other clients. Subject to Comment No. 4 to Rule 7.02 of the Texas Disciplinary Rules of Professional Conduct, prior results must not be misleading. They are misleading pursuant to that Rule “if presented so as to lead a reasonable person to form an unjustified expectation” of similar results. Oberheiden, P.C. does not suggest, in any way, that we are able to achieve the same or a similar result for new or prospective clients that we were able to obtain for former clients. Each case is different and various factors in each case can materially impact the case outcome. In the hypothetical case of a DUI, a client that contacts Firm for a DUI arrest for a BAC 1.8 may not obtain the same outcome as a (hypothetical) former client of Firm whose case was favorably adjudicated with a BAC of .9.
Whether you visit this Website to search, research, browse, or for purposes of self-education, the Firm may collect general information about the patterns in which you use our Website (such as topics of interests, the duration of your visit, the type of web browser used, your IP address, the route that led you to visit our site, the site that you visited when you left our site, your CPU speed, clickstreams, and traffic patterns). The Firm may use this information to better understand a visitor’s interest in order to adjust and improve our site. Generally, we use this information to respond to your questions or requests, to improve the Website, to communicate with you about our relationship, and for other business purposes.
We may use so-called cookies and web beacons. In this context, computer cookies are data sets sent by our Website and are downloaded and stored on your computer. Cookies connect your computer with Firm’s computer system and they allow us to track and monitor how you use our site. You have an option to opt out by turning off the cookie acceptance function on your computing device. Other cookies may be stored to your computing device by external vendors when this Website uses software, sponsored links, or adverts. Firm is not responsible for you visiting external links.
If you share personal information by filling out forms or sending the Firm an e-mail, we may utilize this information to contact you and archive your information. Notably, we do not share personal information with unauthorized third parties, nor do we sell personally identifiable information to advertising companies. We may, however, share personal information with our IT partners and entities in charge of maintaining and marketing this Website or other third parties who perform services on our behalf any of which may be located outside of the United States. In any case, the Firm may share personal information in compliance with a court order or subpoena, or if a government agency or investigatory body properly so requests.
We very strongly recommend to only share general information about yourself or your case without providing specifics, admissions, or other confidential information until you engage our Firm as your attorneys. Even though we strive to protect the Website against third party intrusion such as hackers and computer malware, we cannot guarantee full protection of your personal identifying information.
If you do not want the Firm to contact you, or if you want the Firm to discontinue any use of, or if you wish to correct, any information that you have provided, please contact us at email@example.com. At this email address you can also request to opt out of marketing emails.
This Website is offered by Oberheiden, P.C. on an “as is” basis. With respect to the Website and any information contained therein, the Firm makes no representations or warranties in any form or of any kind, express or implied, including but not limited to those of merchantability, fitness for a particular purpose, or non-infringement — whether any such guarantees, warranties, conditions and representations would arise under state or federal law, professional rules, commercial use, or otherwise. You agree that your use is at your own risk and that under no circumstance shall the Firm by liable for damages of any kind. Although the Firm strives to reasonably insure that all material on this Website is correct, the Firm cannot guarantee that all such information is accurate and as such, the Firm makes not warranties or representations as to its accuracy.
By using this Website, the reader and the audience agree that Oberheiden, P.C., its attorneys, owners, contractors, members, officers, employees, agents, or affiliates shall not be liable, directly or indirectly, under any theory of common law, statute, whether contractual in nature or torts, whether under a theory of negligence or otherwise, to the reader, the audience, or anyone else for any claims, losses or damages, whether direct, indirect, special punitive, consequential, incidental or otherwise in nature, or any other losses, costs, or expenses of any kind (which expenses include legal fees, expert fees or any other costs) which may arise, directly or indirectly, though or related to the access to, use of or browsing of this Website even if Firm has been advised of such damages or from your reliance on this Website or any materials, resources, or information accessed through this Website.
The Firm and the Website shall never be liable for any interruption in Internet service or site functionality and makes no warranty that the Website or services will uninterrupted, error-free, timely or secure, or that the Website will meet your requirements or expectations. The Website may be subject to limitations, delays, and other problems inherent to the usage of electronic devises or communications, including the Internet, and the Website is not responsible for any such limitations, delays, or problems.
You may only access the Website through authorized means. You agree that by use of the Website, you assume all risk of damage to your computer hardware or software including loss of data that may result from your use thereof, including the risk of damage from computer viruses. You acknowledge that the entire and sole risk of using the Website remains completely with you to the maximum extent allowed by applicable law.
Oberheiden, P.C. reserves all rights. You may read, view, listen to, download, and print any part of this Website for your own personal, non-commercial use. Any other distribution, usage, reproduction, or transmission of the contents and information on this Website without prior approval of Firm is prohibited. Firm does not grant any express or implied rights to the information or content provided on this Website under any trademark, copyrights, trade secret, or intellectual property rights. The reader is permitted to read, view, listen to, and print as well as to store, distribute, and share the content from this Website under the conditions that doing so (1) is for your personal usage and not for any commercial gain, usage, or distribution, (2) the content is not modified, changed, amended, altered, or manipulated in any way, and (3) these Terms are included with any distribution.
IRS Circular 230 Notice
Pursuant to Internal Revenue Service requirements, this Notice is to inform you that any information on this Website that could be construed as United States tax advice is not written or intended to be used, and cannot be used, for the purpose of (a) avoiding penalties under the Internal Revenue Code, or (b) promoting, marketing, or recommending to another party any transaction or matter addressed on this Website.
Links from this Website may lead to other websites. Such links are offered for the visitor’s guidance and convenience to provide further information. Oberheiden, P.C. does not necessarily sponsor, endorse, or otherwise agree with or approve such linked materials and the Firm does not control or guarantee the existence, relevance, completeness, or accuracy of any information contained in or accessed by such links. By accessing this Website, you agree that the Firm has not reviewed all the sites liked to the Website and is not responsible for the content of any off-site websites or any other website linked to this Website. If you link to any other third party websites, you do so at your own risk.
You agree to not use this Website for any illegal purpose or any purpose contrary to Firm’s Terms. You agree to indemnify, defend, and hold harmless Oberheiden, P.C., its partners, affiliates, and contributors from any liability, loss, claim, and expense including reasonable attorneys’ fees related to your violation of these Terms and/or your posting or use of materials on this Website. While Oberheiden, P.C. takes reasonable steps to keep the information of this Website accurate and current, Oberheiden, P.C. will not be responsible for any damage or loss related to any inaccuracy, incompleteness, or lack of timeliness of the information.
Limitation of Liability
In no event shall the owner of this Website, Oberheiden, P.C. or its partners or affiliates or contributors to this Website be liable for any loss or injury, or any damages, whether direct, indirect, special, punitive, incidental, exemplary, consequential, or otherwise, whether based on breach of contract, tort (including negligence), product liability or otherwise, resulting from your access to Website. You hereby waive any and all such claims against the owner of this Website, Oberheiden, P.C. or its partners or affiliates or contributors to this Website. You agree that the restrictions set forth above are material elements of this agreement, and that the site and its information would not be provided to you in the absence of such limitations. Some state laws may restrict this limitation of liability.
Firm’s failure to insist upon strict enforcement of any provision of these Terms shall not be construed as a waiver of any provision or right.
These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without giving effect to any principles of conflicts of law. Any dispute between you and Oberheiden, P.C. or between you and the owner of this Website or between you and the owner of this Website and Oberheiden, P.C. regarding the content or use of this Website shall be resolved by arbitration under the Commercial Rules of the American Arbitration Association with all hearings held in Dallas, Texas in the English language, and shall not be joined with any dispute that any other person or entity may have with Oberheiden, P.C. or the owner of Website. If any provision of these Terms may be deemed to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms all of which shall not affect the validity or enforceability of any remaining portion of these Terms.
These Terms form a binding contract between you and the respective Website’s owners and operators and there are no other contracts or agreements between you and us. These Terms do not create rights in or for any third party individual or entity.