I certify that I meet the following membership criteria of the Nursing Home Negligence Section of the NCAJ and that I will notify the NCAJ if I no longer meet these criteria. This certification is in addition to any previous certification between NCAJ and me. I understand that the use of the Listserv is a privilege of NCAJ membership and that this privilege may be revoked if I breach the terms of this agreement. The provisions of this agreement shall be enforced by the Executive Committee of the Nursing Home Negligence Section, which has the authority to suspend my access to the Listserv.
Nursing Home Negligence Section membership is limited to Academy members engaged in representing plaintiffs in negligence cases. Membership is limited to those who do not currently represent or work on behalf of any nursing home, rest home (including assisted living facilities), group home, or any healthcare provider defined by N.C. Gen. Stat. § 90-21.11 or their agents or employees concerning the defense of negligence claims against such entities or medical malpractice claims as defined in N.C. Gen. Stat. § 90-21.11.
Further, I certify that should either I or members of my firm undertake participation in the defense of any nursing home, rest home (including assisted living facilities), group home, or any entity whose actions are governed by N.C. Gen. Stat. § 90-21.11 or their agents or employees, I agree to immediately notify the Chair of the Nursing Home Negligence Section, and I understand that my membership in the section may continue only with the specific approval of the Section Chair. I understand no exceptions will be allowed to participation on the listserv during the pendency of the litigation being defended by the Section member. I understand reinstatement requests shall be made to the Section Chair.
I certify that I will not forward or otherwise distribute Nursing Home Negligence Listserv messages to non-members of the Nursing Home Negligence Section. These messages, or the substance or existence of such messages, are intended for the exclusive use of Nursing Home Negligence Section members representing plaintiffs in civil actions. Messages may not be furnished to a defendant, defense interest, or any other person not assisting in my case, except as required under the law. If the materials are sought in discovery, I will oppose the discovery, and immediately contact the Chair of the Nursing Home Negligence Section. Any provision or distribution of materials obtained from the Listserv to anyone who is not a member of the istserv is explicitly prohibited and any such use may expose the person or persons using these materials in such a manner to ethical sanctions by the NCAJ and / or the appropriate state or local bar association.
I further certify that should any of my employees who had access to the Listserv leave my employment, I will notify the Section Chair within 3 business days and will agree to immediately change my login and password information if that employee had access to that information. I further certify that should any of my employees who are members of the Listserv leave my employment, I will notify the Section Chair within 3 business days.