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We do, with regularity, use the facts of our client?s cases in lectures, articles, books, and other media. However, your privacy is of the utmost importance to us. Should we use information gleaned from your case, you can be assured that we will abide by all applicable laws and take reasonable measures to protect your confidences and secrets.
- By asking us to represent you, and in consideration for our agreeing to represent you upon the terms stated in your "Letter of Representation" and our "Addendum to the Letter of Representation," you consent to our use of the facts of your case (that is, facts that come to light in our discussions, investigations, discovery, or trial of the case) in lectures, articles, books, movies, or other forms of publication for educational or entertainment purposes. By this agreement you give and release to us any commercial interest you may have or may acquire in our publication or use of these facts and, further, consent specifically to our use of these facts, subject to the conditions expressed in B and C (below), without additional compensation to you.
- Unless the facts of your case become generally known, as by publication in the media of facts available in the public record or from sources other than us as your attorneys, we will strive, toward the end of protecting your privacy and the confidentiality of communications between us as attorney and client, to ensure that your name is not identified with the facts we use. However, we are not to be liable for any inadvertent disclosure of your personal connection with the facts that is not in bad faith. Furthermore, we are not to be liable to you even if those who know you are able to determine that the facts are about you and your case.
- In the event that the facts of your case are or do become generally known, we might use the facts of your case without changing the names or even though it is very likely or certain that your name will be publicly identified with the facts we use. In that event, if we perceive a significant likelihood that our use of any fact will result in:
- the revelation of matters contained only in confidential communications between us as attorney and client, or
- the revelation of information that would be embarrassing or would likely be detrimental to you, or
- the revelation of any matters that you have requested specifically that we not reveal, then we will not use that fact without your prior approval. However, you agree that you will act in good faith and that your approval will not be unreasonably withheld.
- In the event that portions of your case are impounded by the court or covered by a confidentiality agreement, we will, of course, be bound by those specific circumstances, unless a court orders that the impoundment order is to be vacated or that part or all of the documents need no longer be kept pursuant to the terms of the confidentiality agreement.