Privacy Policy
1. Introduction
The Law Offices of Bryan Nel, APC ("the Firm," "we," "us," or "our") respects your privacy. This Privacy Policy explains what personal information we collect through our website, phone, email, and text messaging, how we use and protect it, and the choices you have.
This policy applies to visitors to our website, prospective clients who contact us, and clients who communicate with us electronically. By using our website or contacting us, you agree to the practices described here. If you do not agree, please do not use the website or submit information through it.
2. No Attorney-Client Relationship; Confidentiality
No attorney-client relationship. Visiting this website, submitting a contact form, calling, emailing, or texting the Firm does not create an attorney-client relationship. An attorney-client relationship is formed only when the Firm agrees in writing to represent you, typically through a signed fee agreement.
Do not send confidential information before we are retained. Until the Firm has agreed to represent you and has confirmed there is no conflict of interest, please do not send confidential or sensitive details about your legal matter through the website, email, or text message. Information you send before that point may not be treated as privileged.
Prospective clients. We treat information shared by prospective clients in a consultation as confidential to the extent required by the California Rules of Professional Conduct, including Rule 1.18, even if we do not ultimately represent you.
Clients. Information relating to our representation of clients is protected by the attorney-client privilege, California Business and Professions Code section 6068(e), and Rule 1.6 of the California Rules of Professional Conduct. Those professional obligations govern client information and take priority over anything in this policy.
Electronic communications are not fully secure. Email, text messages, and website forms can be intercepted or misdirected. By choosing to communicate with us electronically, you accept these risks. If you prefer, we will communicate with you by phone or in person.
Not legal advice. Content on this website is general information only and is not legal advice. Do not act on it without consulting an attorney about your specific situation.
3. Information We Collect
Information you give us, such as when you fill out a contact or intake form, schedule a consultation, call, email, or text us:
- Name, phone number, email address, and mailing address
- Your mobile number and text messaging consent, if you opt in to texts
- A description of your legal matter, the names of other parties involved, and related documents you choose to send
- Scheduling preferences and how you heard about us
- Payment information when you pay for services (processed by our payment provider; we do not store full card numbers)
Information collected automatically when you visit our website:
- IP address, browser type, device type, and operating system
- Pages visited, time spent, and the referring website
- Cookies and similar technologies (see Section 7)
We do not knowingly collect information from anyone under 13 (see Section 10).
4. How We Use Your Information
We use personal information to:
- Respond to your inquiry and evaluate whether we can help with your matter
- Run conflict-of-interest checks, as required by the Rules of Professional Conduct
- Schedule consultations and send appointment reminders
- Provide legal services and communicate with you about your case
- Send invoices and process payments
- Operate, maintain, and improve our website
- Comply with legal, ethical, and court obligations
We do not sell your personal information, and we do not use it for third-party advertising.
5. Text Messaging (SMS) Program
Opting in. You may opt in to receive text messages from the Law Offices of Bryan Nel, APC by checking the optional SMS consent box on our website contact form, by texting our office first, or by giving verbal or written consent to our staff. Consent to receive text messages is not required to contact us or to hire the Firm.
What we send. Messages relate to your inquiry, appointment scheduling and reminders, document requests, and updates about your legal matter. We do not send marketing or promotional text messages.
Frequency and cost. Message frequency varies based on your matter. Message and data rates may apply according to your mobile carrier plan.
Opting out. You can opt out at any time by replying STOP to any message from us. You will receive one final message confirming you have been unsubscribed. Opt-in and opt-out both occur through the same phone number. You may also reply HELP for assistance or call our office at [phone number].
Carrier disclaimer. Mobile carriers are not liable for delayed or undelivered messages.
Sharing of mobile information. No mobile information will be shared with third parties or affiliates for marketing or promotional purposes. Text messaging originator opt-in data and consent will not be shared with any third parties. All other categories of sharing described in this Privacy Policy exclude text messaging originator opt-in data and consent.
Confidentiality. Text messaging is not a secure form of communication. Please do not text confidential details about your legal matter unless we have agreed this is acceptable.
6. How We Share Information
We do not sell or rent personal information. We share it only as follows:
- Service providers who help us run the Firm, such as our practice management and website platform (Clio), our phone and text messaging provider (Dialpad), email, payment processing, and IT providers. They may use the information only to provide services to us and must protect it.
- In the course of your representation, with courts, opposing counsel, government agencies, experts, investigators, or others, as needed to handle your matter and as permitted by our professional duties.
- As required by law, such as to comply with a subpoena, court order, or legal obligation, subject to the attorney-client privilege and our duty of confidentiality.
- With your consent or at your direction.
- In a change of firm ownership or practice transition, as permitted by the California Rules of Professional Conduct and with any required client notice.
As stated in Section 5, none of these categories include text messaging opt-in data or consent, which is never shared with third parties for their marketing purposes.
7. Cookies, Analytics, and Do Not Track
Our website uses cookies and similar technologies to keep the site working, remember your preferences, and understand how visitors use the site. We may use analytics tools, such as Google Analytics, that collect information about your visit. You can block or delete cookies through your browser settings, though some features may not work properly.
Do Not Track. Some browsers send a "Do Not Track" signal. Because there is no common industry standard for these signals, our website does not currently respond to them. We do honor Global Privacy Control (GPC) signals where required by law.
8. Data Security and Retention
Security. We use reasonable administrative, technical, and physical safeguards to protect personal information, including secure, access-controlled software platforms. No method of transmission or storage is completely secure, and we cannot guarantee absolute security.
Data breaches. If a security breach involves your personal information, we will notify you as required by California Civil Code section 1798.82 and our professional obligations.
Retention. We keep personal information as long as needed for the purposes described in this policy. Client files are retained as required by the California Rules of Professional Conduct and applicable law, and in line with our file retention policy. Inquiries that do not result in representation are kept as needed for conflict checks and record-keeping.
9. Your California Privacy Rights
This policy is intended to comply with the California Online Privacy Protection Act (CalOPPA), Business and Professions Code sections 22575–22579.
Reviewing and correcting your information. You may ask to review, correct, or update the personal information you submitted through our website by contacting us using the information in Section 11.
Deletion and other requests. You may ask us to delete personal information or to tell you what information we hold about you. We will honor these requests where we can, but we may keep information we are required to retain by law, court rules, or the Rules of Professional Conduct, or that is needed to run conflict checks, protect client confidentiality, or establish or defend legal claims. We will not discriminate against you for making a privacy request.
California Consumer Privacy Act. To the extent the California Consumer Privacy Act, as amended by the California Privacy Rights Act, applies to the Firm, California residents may have the rights to know, delete, correct, and limit the use of sensitive personal information, and to opt out of the sale or sharing of personal information. We do not sell or share personal information for cross-context behavioral advertising.
"Shine the Light." Under California Civil Code section 1798.83, California residents may request information about disclosure of personal information to third parties for their direct marketing purposes. We do not disclose personal information to third parties for their direct marketing purposes.
To make a request, contact us as described in Section 11. We may need to verify your identity before responding.
10. Children, Third-Party Links, and Changes
Children's privacy. Our website is not directed to children under 13, and we do not knowingly collect personal information from them online. If you believe a child has submitted information to us, please contact us and we will delete it. Matters involving minors are handled through a parent, guardian, or other authorized representative.
Links to other websites. Our website may link to courts, government agencies, or other third-party sites. We are not responsible for their content or privacy practices.
Changes to this policy. We may update this Privacy Policy from time to time. When we do, we will post the revised version on this page and update the Effective Date above. Material changes will be noted prominently on our website.
11. Contact Us
If you have questions about this Privacy Policy or want to make a privacy request, contact: Law Offices of Bryan Nel, APC 770 First Avenue, Suite 250 San Diego, CA 92101 Phone: 760 677 7256 Email: bryan@nellawyer.com