Legal Services Addendum
Mariontek · For law-firm customers using Mariontek Legal · Effective version v1.0
Scope
This Legal Services Addendum supplements the Terms of Service, Privacy Policy, and Data Processing Addendum for any customer that is a law firm or licensed attorney using the Mariontek Legal intake product (the “Firm”). In the event of a conflict with the general Terms as applied to legal intake, this Addendum controls.
1. Intake Only; No Legal Advice
The Mariontek automated assistant performs client intake for the Firm. It does not provide legal advice, does not evaluate the merits of any matter, does not predict outcomes, does not quote fees, and does not form an attorney–client relationship. The assistant is instructed to decline advice questions and to state that an attorney will review the caller’s information and follow up. This Addendum is intended to keep the service within the bounds of the unauthorized-practice-of-law rules, including ABA Model Rule 5.5 and comparable state rules.
2. Supervised Nonlawyer Assistant (Rule 5.3)
In performing intake, Mariontek acts as the Firm’s supervised nonlawyer assistant. The Firm is responsible for the professional handling of every matter and for supervising the intake function consistent with ABA Model Rule 5.3 and comparable state rules. The Firm remains the controller of all intake data.
3. Prospective-Client Confidentiality (Rule 1.18)
Information a prospective client shares during intake is treated as confidential from first contact, consistent with ABA Model Rule 1.18 and comparable state rules, and is disclosed only to the Firm. Mariontek processes this information solely to deliver intake to the Firm and does not use it for any other purpose, consistent with the Data Processing Addendum.
4. Conflict Screening
On each intake, the assistant captures the adverse party the caller identifies and screens it against the conflict list the Firm maintains in its Mariontek settings before the Firm is prompted to follow up. Conflict screening is a supporting tool; the Firm remains responsible for its own conflict-of-interest determinations. Mariontek does not decline or accept representation on the Firm’s behalf.
5. Recording Consent
The assistant discloses at the start of each call that it is an automated assistant, that the caller has not reached an attorney, and that the call may be recorded. Where the Firm operates in a jurisdiction that requires all-party consent to record, the Firm is responsible for confirming that this disclosure meets its jurisdiction’s requirement; Mariontek provides a per-jurisdiction recording-consent setting the Firm configures.
6. Firm Responsibilities
The Firm is responsible for: configuring its practice areas, jurisdictions, escalation contact, and conflict list accurately; reviewing captured intakes promptly; determining whether to accept, decline, or refer each matter; and complying with all rules of professional conduct applicable to the Firm. Mariontek does not practice law and provides software and intake support only.
7. Emergencies
The service is not for emergencies. The assistant instructs callers who describe an emergency to contact 911 and provides the Firm’s escalation number for an urgent legal matter.