FTC Disclaimer
Hiring the right attorney for you and your needs is a daunting task that should not be hindered by advertising. Oberheiden P.C. (“Firm” or “We”) recommend that you select your attorney based on your experience with them and never solely based on their advertisements; this includes their website and website content, reviews, rankings, likes, followers etc. Also, you should not prioritize a Firm’s online rankings, client or colleague reviews, real or perceived status, or positioning in search engine search results as factors in choosing your attorney or a law firm.
FTC Compliance Principles
Website’s operators utilize various tools to optimize our marketing and online presence. In doing so, we remain committed to follow all regulations, rules and laws including, but not limited to, consumer protection laws on the state and federal level. Our advertisement and (self-) promotion are based on three columns:
- The advertisement is truthful and not misleading.
- The content of the advertisement is based on evidence and can thus be substantiated.
- The advertisement is not unfair.
As a matter of Firm policy, Oberheiden P.C. does not allow the use of fake or false consumer reviews, unfair or deceptive testimonials, or any review that is materially misleading under 16 CFR 465.2. With that, our reviews are designed to allow us to compete in the marketplace and allow those who desire to do so share their experience with Oberheiden P.C. so that prospective clients will gain a first impression. We again emphasize that no lead or client should ever simply hire our firm because of an online review or several thereof. By the same token, we do reserve the right to approach individuals who want to terrorize the Firm or its lawyers with ad hominem attacks or reviews that otherwise violate the community standards.
As a matter of Firm policy, Oberheiden P.C. does not buy reviews, see 16 CFR 465.4. Oberheiden P.C. treasures the reviewer’s free will, free speech, and right to have their own opinion. To the extent Firm’s clients leave a review, they will do so without any quid pro quo. Firm will not control or try to exercise control, commandeer, or even suggest how and what a client should or would write in a review. All reviews are voluntary and not administered or governed by Firm, 16 CFR 465.7.
To the extent reviews are written by insiders, 16 CFR 465.5, Firm stresses that these insiders do so under two conditions: one, their own initiative and voluntary decision; two, the disclose their status or affiliation with Firm to make sure that no consumer mistakenly considers them a client.
Oberheiden, PC emphasizes that “ranking higher” or showing up more prominently in search engines, having “likes,” having more “followers,” or having “better reviews,” or being endorsed or promoted in the media is NOT evidence of greater quality of service or of lawyers.
Ongoing Compliance Efforts
Oberheiden P.C. intends that our online presence, and our advertising generally, will comply with state and federal laws and advertising regulations and state bar ethics rules. For example, and without limitation, we strive to advertise in compliance with the unfair or deceptive acts or practices in connection with “Consumer Reviews” (“Trade Regulation Rule on the Use of Consumer Reviews and Testimonials” – 16 C.F.R. § 465) and Section 5 of the Federal Trade Commission Act (15 U.S.C. § 45). As part of our compliance efforts, we— consistent with the Texas Rules of Professional Conduct, R, 7.01 et seq.— we constantly submit our website content and other advertising to the Texas Bar Advertising Committee.
Going beyond the requirements of 16 CFR 465, Oberheiden PC occasionally submits its client reviews to the state bar to contact and verify the clients, confirm their reviews, and approve the use of these reviews as part of our general website and online content. To the extent, we allow so-called “insiders” (16 CFR 465.5) like former federal agents now affiliated with our firm to leave comments, we insist that their affiliation with firm is unequivocally disclosed to avoid any consumer confusion. Given their particular credibility and often heightened security status, we offer these reviews to potential clients and with it the opportunity to speak with these reviewers directly about their experience with firm if so desired before hiring firm.
Oberheiden P.C. has established detailed compliance rules, policies, and procedures to evidence our commitment to compliance including FTC compliance. On this Website, you will find numerous documents on privacy, disclosures, and compliance. We are always available to assist in case of uncertainty or questions. To enforce these important policies, Firm engaged a Chief Compliance Officer several years ago who has attended all Firm’s annual meetings and many compliance monitoring and improvement discussions, and who is a W2 employee. It is mandatory for all members and affiliates of Oberheiden P.C. to educate ourselves with the latest ethics and FTC rules pertinent to our law practice.
Firm routinely engages ethics compliance attorneys to monitor and further boost its compliance. For example, Firm hired ethics law firms in Florida, Texas, New York, and other states to review content and to advise on promotional displays.
If you (whether as a client, potential client, competitor, or visitor to this Website or Firm’s online content and online presence) believe that any content or representation appears untruthful, false, or misleading, or is unfair to you or others, please contact Firm’s Chief Compliance Officer, Chris Anderson, at [email protected].
Rest assured that we take any such claim very seriously and that we will convene our Advertising Committee immediately to address your communication. Indeed, because we seriously review anyone’s advertising concerns, we will always evaluate any possibility to improve our Website. We strive to meet not just your, but also the highest ethical expectations of federal and state ethical rules and regulations.
To Prospective and Actual Clients
Your satisfaction is important to us. Every visitor and consumer to this Website has the right, is entitled to, and is hereby encouraged to always interview different law firms and attorneys to get a sense of more than who might be the best fit. Therefore, before you select your attorney, we strongly recommend that you interview multiple lawyers and gain a true sense of which firm appears to have the qualities, experience and skills to effectively represent your personal and legal interests.
Firm reserves the right to decline many of the media inquiries reaching Firm on a regular basis. To the extent Firm appears in media outlets, Firm’s media disclaimer governs those publications. In rare cases, and all prospective clients and visitors are hereby alerted, Firm promotes its practice areas, lawyers, experience, and services in targeted outlets to build a brand and to raise the public’s general awareness of Firm’s existence. No such promotion or publication should entice any consumer to choose Firm solely based on the featured stories or the opinions of these publishers and editors.
To this end, we will always advise you to ask attorney candidates the questions and concerns most important to you. This way, you can assess from these interviews, especially in comparison, who can help you accomplish your goals. You, the prospective client and the actual client, are free to ask us all questions pertinent to your decision-making. We will be honest with you and refer you out or help you redefine your search if we feel that we are not the right fit. We consider each of these steps to form a foundational pillar of a strong Attorney-Client Relationship.
Firm hereby alerts all visitors, prospective clients, and interested parties that they should never hire Firm simply because of its marketing material, Website information, Website content, references to their experience, media endorsements, client reviews, or any other online or printed material. The only way to select the right attorney for yourself is to discuss your specific circumstances with an attorney, evaluate his or her skillset and experience for your legal situation, compare your impression by interviewing additional lawyer candidates, and ultimately make your decision based on the attorney’s or firm’s practice area experience as it relates to your case.
Do not make any endorsements or representation by third-parties (e.g. reviews, media outlets, testimonials) or assumed perceptions (e.g. alleged prominence of a lawyer, potential “connections” of a firm) a decisive factor in your selection process.
To meet our advertising compliance standard, we internally implement a strict process to ensure that both the content and representations found in this Website and our online content are — and however we otherwise promote ourselves is — truthful and not misleading, based on verifiable information, and not unfair to you or others. Stated another way, whether it is about the content in our Website, or regarding the path a visitor may have arrived to our Website, we mean our content to be true and fair and not deceptive or misleading.
We disclose that not all individuals portrayed on Firm’s website are lawyers. These consultants assist some clients on a case-by-case basis. We explicitly refer to everyone’s Website biography for more information about their role and status in the Firm.
This FTC disclaimer explicitly references, cross-references, and incorporates all other disclaimers found on the Website. For example, references to “2,000 Wins,” office locations, and other information are intended to have the meaning as defined on Website’s disclaimer.
We strive to offer free consultations to all leads. However, due to enormous volume, we sometimes reserve the right to not engage with leads at our sole discretion. All clients will receive a detailed Firm engagement letter which further explains the composition of the Firm, the available attorneys, fee structures, and other information. Thereafter, Firm typically sends each signed client an additional detailed Firm memorandum summarizing and outlining more information about the Firm.
Respecting Competition and Competitors
By the same token as consumers, we emphasize our respect for competitors. We don’t steal content; we don’t infringe copyright laws. We are ourselves. For our part, we do not pretend to be the “best” lawyers or “specialists” or “expert” lawyers. We do not hold ourselves to be “experts” or “specialists” because under the ethical rules we are not. Indeed, we do not claim to employ or to be “the best” lawyers in any field. We respect our competitors, and we make no claim insinuating that they are “less good” or “less qualified” than our attorneys.
Social Media
We specifically emphasize in light of 16 CFR 465.8 that images of Oberheiden P.C. attorneys with prominent or potentially influential individuals such as politicians, public office holders, active or retired judges, celebrities, or well-known professionals are not intended to suggest that these individuals will work on your case, will rule favorably for Oberheiden PC or for you, engage in your case in any way, or otherwise offer any tangible benefit to you or other clients. In this context, we emphasize that the Instagram account of Nick Oberheiden is his personal and private account and the views in that account are not necessarily those of the firm, firm lawyers, or the public at large. Specifically, these pictures are not meant to suggest any form of celebrity endorsement or testimonial, 16 CFR 465.2.
