These Terms of Service ("Terms") govern use of talktocounsel.com (the "Site") and the related intake services operated by Finkelstein Criminal Defense PLLC ("the Firm," "we," "us," or "our"). Talk to Counsel is a service of Finkelstein Criminal Defense PLLC, a New York professional limited liability company. The Firm's principal attorney is Kevin Finkelstein, admitted to practice law in the State of New York. The Firm's principal law office is located at 75 South Broadway, 4th Floor, Suite 3012, White Plains, New York 10601.
By using the Site, by calling, texting, or emailing the intake line, or by submitting any information to the Firm through any channel associated with Talk to Counsel, visitors agree to these Terms. Visitors who do not agree should not use the Site or contact the Firm through the Talk to Counsel channels.
01 no attorney-client relationship is created by the site
Nothing on the Site, and no communication made through the Site, by telephone, text message, voicemail, or email, constitutes legal advice or an offer to provide legal services in any specific matter. No attorney-client relationship is created by visiting the Site, by transmitting information to the Firm, or by the Firm's receipt of such information. An attorney-client relationship with the Firm is formed only upon the execution of a written engagement agreement signed by both the client and the Firm.
Information shared in good faith by a person consulting with the Firm about forming an attorney-client relationship is treated with the care required by Rule 1.18 of the New York Rules of Professional Conduct. The Firm's duties to such a prospective client are limited under Rule 1.18 and do not constitute a full attorney-client relationship.
02 the site is legal information, not legal advice
Content on the Site is provided for general informational and marketing purposes. It describes how legal matters are commonly handled and how attorneys typically approach various categories of cases. It is not a substitute for advice from a lawyer licensed in the relevant jurisdiction who has reviewed the specific facts of a matter.
Laws and procedures vary by state and change over time. Content on the Site may not reflect the most current legal developments, and the Firm makes no representation that Site content is current, complete, or applicable to any particular situation. Visitors should not act or refrain from acting based on Site content alone.
03 attorney advertising
The Site is attorney advertising under the New York Rules of Professional Conduct. The Firm's Attorney Advertising disclosure appears in the footer of every page and is incorporated into these Terms by reference. Testimonials or endorsements, if any, do not constitute a guarantee, warranty, or prediction regarding the outcome of any legal matter. Prior results do not guarantee or predict a similar outcome in any current or future matter.
04 jurisdiction
Kevin Finkelstein is admitted to practice law in the State of New York only. The Firm does not provide legal services in jurisdictions in which its attorneys are not licensed. Matters outside the Firm's areas of practice, or arising in jurisdictions where the Firm's attorneys are not admitted, may be referred to independent counsel. Any referral or division of fees with another lawyer or law firm will be made only in conformity with the New York Rules of Professional Conduct and any other applicable rules of professional conduct.
05 confidential or time-sensitive information
Confidential, time-sensitive, or privileged information should not be sent to the Firm through the Site, by unsecured email, or in an initial call or text. Information transmitted before an attorney-client relationship is established may not be treated as confidential and may not be protected by the attorney-client privilege. The Firm does undertake the limited duties owed to prospective clients under Rule 1.18 of the New York Rules of Professional Conduct with respect to information learned during preliminary consultations made in good faith.
06 not an emergency service
Talk to Counsel is an intake service. It is not staffed as an emergency service and cannot guarantee immediate availability, same-day response, or that the right attorney for a specific matter will be available within any particular window. Callers with time-sensitive situations should consider contacting the Firm alongside other resources that may be able to help depending on the situation and location. Those resources include the local public defender's office for criminal matters; the state or county bar association's lawyer referral service; the courthouse where a matter is pending, as applicable; a local legal aid society or LawHelp.org for civil matters where the caller cannot afford counsel; 211 for United Way social services information, available in most of the United States; and the National Domestic Violence Hotline at 1-800-799-7233 for situations involving family or intimate partner violence. Anyone in physical danger or witnessing a crime in progress should call 911.
07 reservation of rights
The Firm and each attorney in the Firm's network reserve the right to decline to represent or refer any caller, at any time, for any reason consistent with the applicable Rules of Professional Conduct, including conflicts of interest, capacity, jurisdictional limitations, or the Firm's professional judgment that the matter is not one the Firm or its network is able to appropriately handle. No obligation to represent or refer is created by any call, text, email, Site interaction, or preliminary conversation. Neither the Firm nor any attorney in the Firm's network is responsible for outcomes that depend on the caller's own timely action, including missed court dates, expired statutes of limitations, failure to preserve evidence, or failure to seek parallel legal assistance where time was of the essence.
08 permitted use of the site
Visitors may use the Site for personal, non-commercial purposes related to evaluating legal matters or learning about the Firm. The following activities are prohibited: reproducing, republishing, or redistributing Site content for commercial purposes without written permission; scraping, harvesting, or bulk-downloading Site content other than as expressly permitted by the Firm's robots.txt file and standard search-engine indexing conventions; using the Site or intake channels to send spam, solicitations, or unsolicited commercial communications; using automated systems to submit repeated or abusive contact attempts; attempting to gain unauthorized access to any portion of the Site, its servers, or related infrastructure; and any use that violates applicable law.
09 intellectual property
All content on the Site, including text, graphics, design, and code, is the property of Finkelstein Criminal Defense PLLC or used with permission, and is protected by copyright and other intellectual property laws. Limited personal use of Site content is permitted as described in Section 8. No other rights are granted.
10 third-party links
The Site may include links to third-party websites, including bar association resources, legal aid organizations, and public interest directories. The Firm does not control those sites, does not endorse their content, and is not responsible for their availability, accuracy, or privacy practices.
11 no warranties
The Site is provided on an "as is" and "as available" basis. The Firm makes no warranties, express or implied, regarding the Site's availability, uptime, accuracy, completeness, currency, or fitness for any particular purpose. To the fullest extent permitted by law, the Firm disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement, as to the Site and its contents.
12 limitation of liability
To the fullest extent permitted by law, and except with respect to any duties owed under the New York Rules of Professional Conduct, the Firm is not liable for any indirect, incidental, consequential, or punitive damages arising from use of the Site or reliance on Site content. This Section does not limit, and is not intended to limit, any duty of care, fiduciary duty, or other obligation the Firm owes to any actual client under a written engagement agreement, or any duty the Firm owes to a prospective client under Rule 1.18 of the New York Rules of Professional Conduct.
13 governing law
These Terms are governed by the laws of the State of New York, without regard to conflict-of-laws principles. Any dispute arising from these Terms or from use of the Site is subject to the exclusive jurisdiction of the state and federal courts located in Westchester County, New York, except as otherwise required by the Rules of Professional Conduct or other applicable law.
14 changes to these terms
The Firm may update these Terms from time to time. Material changes will be reflected by updating the "Effective Date" at the top of this page. Continued use of the Site after any update constitutes acceptance of the revised Terms. Visitors are encouraged to review these Terms periodically.
15 severability
If any provision of these Terms is held invalid or unenforceable, the remaining provisions continue in full force and effect, and the invalid provision will be modified to the minimum extent necessary to make it enforceable while preserving its intent.
16 entire agreement
These Terms, together with the Privacy Policy and the Attorney Advertising disclosure, constitute the entire agreement between visitors and the Firm with respect to use of the Site. These Terms do not modify any written engagement agreement between the Firm and an actual client. In the event of a conflict between these Terms and a signed engagement agreement, the engagement agreement controls as to the matters it addresses.
17 contact
Questions about these Terms may be directed to:
Finkelstein Criminal Defense PLLC
75 South Broadway, 4th Floor, Suite 3012
White Plains, New York 10601
Telephone: (914) 481-3764