Client Portal Terms of Use

Client Portal Terms of Use

Public notice

This page explains the website, portal, and online-tool terms that apply when you use Simon Law Group's public and client-facing digital services.

Effective Date: 2026-05-04

Last Updated: 2026-05-04

PLAIN-ENGLISH SUMMARY (NOT A SUBSTITUTE FOR THE FULL TERMS)

These Terms govern your use of our client portal at https://app.simonattorneys.com. They are separate from your engagement letter (retainer), which is the contract that actually creates the attorney-client relationship. Logging into the portal does not create an attorney-client relationship and does not change your engagement letter. You are responsible for keeping your password safe and for the conduct of anyone you let use your account. Some payments are processed by outside companies under their own terms.

IMPORTANT — ARBITRATION (Section 20). For disputes about the Portal, Site, your data, privacy, cookies, SMS/iMessage, AI features, and Portal payments, you and SLG agree to binding individual arbitration in Somerset County, NJ administered by JAMS, and you give up the right to a jury trial and to participate in a class action for those disputes. This does NOT apply to your underlying legal matter, to claims about legal services or malpractice, or to legal-fee disputes — those remain governed by your engagement letter, the Rules of Professional Conduct, and R. 1:20A. You may opt out within 30 days as described in Section 20.7.

We disclaim certain warranties and liabilities for the Portal's technical performance, but nothing in these Terms waives any right you have under New Jersey law that cannot be waived, including under TCCWNA, the New Jersey Consumer Fraud Act, or the New Jersey Rules of Professional Conduct. A more detailed agreement follows.

1. Definitions

  • "SLG," "we," "our," "us" — Simon Law Group, LLC, a New Jersey limited liability company.
  • "Practice Penguin" or "PP" — Practice Penguin, LLC, the software vendor that builds and licenses the Portal to SLG.
  • "Portal" — the client-facing application at https://app.simonattorneys.com (and any successor URL).
  • "You" or "Client" — the individual or entity that holds the Portal account.
  • "Authorized User" — a person you have authorized to use the Portal on your behalf (e.g., a co-plaintiff, family member, guardian, agent under power of attorney).
  • "Engagement Letter" — the written retainer or engagement agreement between you and SLG that establishes the attorney-client relationship.
  • "Matter" — the legal matter for which we represent you.
  • "Communications" — messages, documents, audio, video, and other content sent through the Portal.

2. Acceptance and Eligibility

By creating or using a Portal account, you accept these Terms and our Privacy Policy. You must be at least 18 and have the legal capacity to enter into a binding agreement. If you are accessing the Portal for an entity, you represent that you have authority to bind that entity. If you are accessing on behalf of a minor or incapacitated person, you represent that you are the parent, guardian, or authorized agent.

3. Relationship to Your Engagement Letter

3.1 Engagement Letter controls. These Terms supplement, but do not replace, your Engagement Letter. If a term in these Terms conflicts with your Engagement Letter on a matter governed by the Rules of Professional Conduct (including fees, confidentiality, file return, withdrawal), the Engagement Letter and the Rules of Professional Conduct control.

3.2 No new attorney-client relationship. Your use of the Portal is a means of working with us under your existing Engagement Letter. Logging into, browsing, or transmitting through the Portal does not create or modify an attorney-client relationship. Prospective clients are governed by RPC 1.18 and the No-Attorney-Client-Relationship Disclaimer.

3.3 Confidentiality and privilege. Communications between you and SLG through the Portal are intended to be confidential and, where applicable, protected by the attorney-client privilege and attorney work-product doctrine. You must not share your password or allow unauthorized persons to access your account; doing so may waive privilege.

4. License to Use Portal

Subject to these Terms, SLG grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Portal solely in connection with your Matter. All rights not expressly granted are reserved by SLG and PP.

5. Account, Security, and Authorized Users

5.1 Account responsibility. You are responsible for maintaining the confidentiality of your credentials and for all activity under your account. You must use multi-factor authentication when offered.

5.2 Authorized Users. You may designate Authorized Users in writing through the Portal. You authorize us to share Matter information with each Authorized User and assume responsibility for their conduct in the Portal as if it were your own. You may revoke an Authorized User at any time.

5.3 Co-Plaintiffs. Where there are multiple represented parties, each must have a separate account. Disclosure rules among co-clients follow RPC 1.7 and your engagement.

5.4 Notify us. Notify us immediately at info@simonattorneys.com of any unauthorized access, suspected compromise, or change in Authorized Users.

6. Acceptable Use

You must comply with our Acceptable Use Policy, which is incorporated into these Terms.

7. Communications and Notices

7.1 E-Sign / electronic delivery. Your use of the Portal is contingent on the E-Sign and Electronic Communications Consent. You may withdraw electronic-delivery consent on the terms in that document.

7.2 SMS/iMessage. Messaging is governed by the SMS / iMessage Consent.

7.3 Sensitivity. Sensitive content should be transmitted through the Portal rather than email or SMS. SMS is not encrypted end-to-end.

8. Document Uploads

8.1 Your representations. When you upload a document, you represent that you have the right to share it and that doing so does not violate any law or agreement.

8.2 Malware screening. SLG and PP may scan uploaded files and may quarantine, delete, or refuse files that contain malware or violate these Terms.

8.3 Drive-no-delete. Per our operational rule, the Portal does not auto-delete uploaded files. Files are archived per the Record Retention Policy. Authorized firm staff may, in their professional judgment, manually remove a file (e.g., one uploaded in error or containing malware), with audit logging.

9. Payments

9.1 Outside processors. Payments through the Portal are processed by third parties — LawPay (AffiniPay), Stripe, and (for bank verification) Plaid — under their own terms.

9.2 Trust vs. operating routing. Payments are routed to the IOLTA trust account or operating account based on the character of the funds. See Payment & Vendor Disclosure and IOLTA Statement.

9.3 Disclaimer of vendor risk. Subject to Section 14 and to applicable law, SLG is not liable for processor outage, error, or fraud, except to the extent required by law or arising from our own negligence or willful misconduct.

9.4 Fee arbitration. New Jersey clients may have a right to fee arbitration under R. 1:20A.

10. Confidentiality, Privilege, and HIPAA

10.1 Privilege protection. SLG treats Communications as privileged where the privilege applies; you must protect your account credentials accordingly.

10.2 HIPAA. Where the Portal handles Protected Health Information, see the HIPAA Notice of Privacy Practices.

10.3 Recording. Calls, video meetings, and voice interactions through the Portal may be recorded and transcribed for quality, audit, training, and recordkeeping. If you do not consent, please notify us at the start of the call and we will not knowingly record any participant who has not consented. New Jersey is a one-party-consent state for recording (N.J.S.A. 2A:156A-4); for any participant located in a state requiring all-party consent (including California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Montana, New Hampshire, Pennsylvania, and Washington), we apply the more restrictive rule. You may toggle "Do Not Record" in your Portal settings.

11. Intellectual Property

11.1 SLG/PP IP. SLG and PP own the Portal, including its design, code, and content (excluding your content). Trademarks, service marks, and logos are the property of their respective owners.

11.2 Your content. You retain ownership of content you upload. You grant SLG a non-exclusive, worldwide, royalty-free license to host, copy, display, transmit, and process your content as needed to provide services and meet legal-retention obligations. You authorize SLG to act on your behalf in transmitting content to third parties as your matter requires.

11.3 Feedback. You authorize SLG and PP to use feedback you voluntarily provide to improve our services. You may revoke this authorization for future use of your feedback by writing to info@simonattorneys.com.

12. Third-Party Services

The Portal integrates with the following independent services, each governed by its own terms: Google Workspace and Google APIs (Drive, Calendar, Gmail), SecureSign, SendBlue, LawPay (AffiniPay), Plaid, Stripe, OpenAI Realtime Voice, SRFax, Turso, Render, GoDaddy, AFI.ai. We do not control those services, and we are not responsible for their content or availability. Your use of those services is at your own risk and subject to their terms.

13. AI Features

The Portal includes AI-assisted features (transcription, drafting, scheduling, voice routing). See the AI/Automation Disclosure. All legal advice is reviewed by a licensed attorney before being delivered to you. We do not use your information to train external AI models, and we contractually require our AI vendors not to do so.

14. Disclaimers — Limited to Portal Technical Performance

14.1 No outcome guarantee. No lawyer can guarantee a specific outcome. Use of the Portal does not change this rule.

14.2 Engagement Letter and Rules of Professional Conduct control representation. Nothing in this Section limits SLG's responsibilities under your Engagement Letter or under the New Jersey Rules of Professional Conduct, including SLG's responsibility for the legal services provided to you. This Section addresses only the technical operation of the Portal (uptime, software functionality, vendor outages, data corruption, and similar non-substantive matters), not the legal services SLG provides.

14.3 Portal AS-IS for technical performance. With respect to the technical performance of the Portal only, the Portal is provided "AS IS" and "AS AVAILABLE." SLG and PP do not warrant that the Portal will be uninterrupted, error-free, or free of harmful components.

14.4 Rights NJ residents retain (not waived). This Section does not, and is not intended to, waive, limit, or disclaim:

  • rights under the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act (N.J.S.A. 56:12-14 et seq.) ("TCCWNA"), including the right to receive consumer-protective contract terms and to recover statutory damages, attorneys' fees, and costs for noncompliance;
  • rights under the New Jersey Consumer Fraud Act (N.J.S.A. 56:8-1 et seq.), including the right to recover treble damages and attorneys' fees;
  • rights under the New Jersey Rules of Professional Conduct, including the right to fee arbitration under R. 1:20A and to file a grievance with the Office of Attorney Ethics;
  • rights under the HIPAA Privacy and Security Rules;
  • the right to sue or seek redress in any court of competent jurisdiction; or
  • any other right or remedy that cannot lawfully be waived under New Jersey or federal law.

This Section does not waive liability for fraud, intentional misrepresentation, gross negligence, willful misconduct, attorney malpractice, or any breach of the Rules of Professional Conduct.

15. Limitation of Liability — Portal Technical Liability Only

15.1 Scope. This Section applies only to liability arising from the technical performance of the Portal as defined in Section 14.2. It does not apply to: liability arising under your Engagement Letter; attorney-malpractice claims; SLG's professional duties under the Rules of Professional Conduct; HIPAA-protected matters; or any liability that under New Jersey or federal law cannot be limited.

15.2 Cap. Subject to Section 15.4, the aggregate liability of SLG, PP, and our affiliates for matters within the scope of Section 15.1 is limited to the greater of (a) US$10,000 or (b) the legal fees actually paid by you to SLG for representation in the 12 months preceding the claim, excluding any fees subject to fee dispute or refund.

15.3 Excluded indirect damages. To the extent permitted by law, neither SLG nor PP is liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising out of the Portal's technical performance.

15.4 Rights NJ residents retain (not waived). This Section does not, and is not intended to, waive, limit, or disclaim any of the rights enumerated in Section 14.4. The cap in Section 15.2 does not apply to:

  • personal injury or death caused by negligence;
  • fraud or fraudulent misrepresentation;
  • gross negligence or willful misconduct;
  • attorney-malpractice claims and any claim arising out of SLG's representation of you, which are governed exclusively by your Engagement Letter and the Rules of Professional Conduct;
  • claims under TCCWNA, the New Jersey Consumer Fraud Act, the HIPAA Privacy and Security Rules, or any law that cannot lawfully be limited;
  • liability that, under RPC 1.8(h), may not be prospectively limited; or
  • the obligation to refund unearned advance fees under RPC 1.15(d).

16. Responsibility for Your Own Conduct

16.1 Your conduct. You are responsible for your own conduct in the Portal. Where a third party brings a claim against SLG or PP arising out of (a) your fraud, intentional misrepresentation, or willful misconduct, (b) your violation of law, or (c) content you upload to the Portal that infringes the rights of a third party, you will reimburse SLG and PP for the reasonable defense costs and any judgment, settlement, or fine actually paid, subject to the cap in Section 15.2 and the carve-outs in Section 15.4.

16.2 Procedure. SLG will give you prompt notice of any such claim and a reasonable opportunity to participate in the defense. You will not be required to pay any settlement entered without your consent.

16.3 Limits. This Section does not require you to indemnify SLG or PP for claims arising from SLG's or PP's own negligence, willful misconduct, malpractice, breach of these Terms, breach of law, or breach of the Rules of Professional Conduct. This Section does not impose any obligation on you under RPC 1.8(h).

17. Termination and Suspension

17.1 By you. You may stop using the Portal at any time. Termination of representation is governed by your Engagement Letter and RPC 1.16, including the right to your file under RPC 1.16(d).

17.2 By SLG. We may suspend or terminate Portal access for cause (e.g., AUP violation, security risk, regulatory or ethical concern, court order). End of representation may also end Portal access; we will provide reasonable opportunity to export your data.

17.3 Effect. Sections that by their nature should survive termination — including Confidentiality, IP, Disclaimers, Limitation of Liability, Indemnification, Governing Law, and Dispute Resolution — survive.

18. Changes to These Terms

We may update these Terms. Material changes are governed by the Terms Change & Notice Policy. Continued use after the effective date of changes constitutes acceptance, except for changes that under New Jersey law require affirmative consent.

19. Governing Law and Venue

These Terms are governed by the laws of the State of New Jersey, without regard to conflict-of-laws principles. The exclusive venue for actions related to these Terms is the state and federal courts located in Somerset County, New Jersey, and you and SLG consent to the personal jurisdiction of those courts.

20. Dispute Resolution — PLEASE READ CAREFULLY

PLAIN-ENGLISH NOTICE. This Section requires you and SLG to arbitrate certain disputes about the Portal, the Site, your data, privacy, cookies, SMS/iMessage, payments through the Portal, and AI features — and to bring those claims only on an individual basis (no class actions, no jury). It does NOT apply to your underlying legal matter, to claims about legal services or malpractice, or to legal-fee disputes. If you do not want to be bound by this Section, you may opt out within 30 days as described in Section 20.7.

20.1 Informal resolution first

Before filing any arbitration or court action, you and SLG will try in good faith to resolve the dispute through direct negotiation for at least 30 days following written notice describing the dispute and requested relief.

20.2 Mandatory binding arbitration — scope

Subject to the carve-outs in Section 20.3, you and SLG agree that all disputes arising out of or relating to your use of the Portal or the Site, your account, the Privacy Policy, the Cookie Policy, the AI/Automation Disclosure, the SMS/iMessage Consent, the Payment & Vendor Disclosure, or these Terms (including the formation, scope, enforceability, or termination of these Terms) will be finally and exclusively resolved by binding arbitration administered by JAMS under its Streamlined Arbitration Rules for claims at or below US$250,000 and its Comprehensive Arbitration Rules for larger claims, in effect at the time the demand is filed. Arbitration is conducted before a single neutral arbitrator seated in Somerset County, New Jersey. The arbitrator's award is final and may be entered as a judgment by any court of competent jurisdiction. The Federal Arbitration Act (9 U.S.C. § 1 et seq.) governs the interpretation and enforcement of this Section.

20.3 What is NOT covered by arbitration

The following remain in court or in their designated forum:

  • Your underlying legal matter and any dispute about the legal services SLG provides to you, including any claim of legal malpractice, breach of fiduciary duty, ineffective assistance, or violation of the Rules of Professional Conduct;
  • Disputes about legal fees, which are governed by R. 1:20A (NJ Fee Arbitration Committee); SLG will provide the R. 1:20A-6 pre-action notice where required;
  • Small-claims court matters within that court's monetary limit, brought on an individual basis;
  • Emergency injunctive or equitable relief under Section 20.6 (either you or SLG may seek such relief in court without first arbitrating);
  • Any matter where applicable law or the Rules of Professional Conduct require court forum;
  • Any claim that cannot lawfully be arbitrated.

20.4 Class-action waiver

You and SLG agree that any covered dispute will be brought only in your or SLG's individual capacity, and not as a class, collective, consolidated, or representative action. You give up the right to participate in a class action or class-wide arbitration for covered disputes. If a court of competent jurisdiction finds this class waiver unenforceable as to a particular dispute, then this entire Section 20 (other than Section 20.3 carve-outs and Section 20.6 equitable relief) is unenforceable as to that dispute, and that dispute will proceed in court in Somerset County, New Jersey — but the rest of Section 20 remains in force as to other disputes.

20.5 Arbitration costs

JAMS administrative fees and the arbitrator's compensation are paid as provided by the JAMS rules. Where you would otherwise be required to pay a filing or arbitrator fee that exceeds what you would have paid to file the same matter in court, SLG will pay the excess so that arbitration is not more expensive for you than litigation. Each party otherwise bears its own attorneys' fees and costs unless the arbitrator allocates them as authorized by applicable law or these Terms.

20.6 Equitable relief carve-out

Notwithstanding Section 20.2, either you or SLG may seek emergency injunctive or equitable relief in the state or federal courts located in Somerset County, New Jersey, to address active security incidents, ongoing misuse, threats to firm or client data, or other matters where the arbitrator's process would not provide an adequate remedy. The pendency of any such court action does not waive the right to compel arbitration of the underlying dispute.

20.7 30-day opt-out

You may opt out of this Section 20 by sending an email to info@simonattorneys.com with the subject line "Arbitration Opt-Out" and including your full name, the email and phone number associated with your Portal account, and a statement that you decline to be bound by Section 20. To be effective, your opt-out must be received within 30 days after you first accept these Terms (or, for material amendments to this Section, within 30 days after the amendment takes effect for you under the Terms Change Policy). Opting out does not affect any other Section of these Terms or your engagement letter.

20.8 Confidentiality

The arbitration proceedings, materials submitted, and the award are confidential, except as required by law, to enforce or appeal an award, or to comply with regulatory or ethical disclosure obligations.

20.9 Survival

This Section 20 survives termination of these Terms, your account, and SLG's representation of you.

20.10 NJ Atalese acknowledgment

By accepting these Terms (and by not opting out under Section 20.7), you knowingly and voluntarily agree that:

  • you are giving up the right to have covered disputes decided by a judge or jury;
  • you are giving up the right to bring or join a class, collective, consolidated, or representative action for covered disputes;
  • you understand the arbitral forum (JAMS) and the seat (Somerset County, NJ); and
  • you have had a meaningful opportunity to read this Section, ask questions, opt out, or seek independent advice.

21. Notices

Notices to SLG: info@simonattorneys.com · 40 W. High St., Somerville, NJ 08876. Notices to you may be sent to the email and mobile number on your Portal profile.

22. Miscellaneous

22.1 Entire agreement. These Terms, together with the documents they incorporate by reference and your Engagement Letter, are the entire agreement between you and SLG regarding the Portal.

22.2 Severability. If any provision is held unenforceable, the remainder remains in force.

22.3 No waiver. Failure to enforce a provision is not a waiver of that provision or any other.

22.4 Assignment. You may not assign these Terms without SLG's written consent. SLG may assign these Terms to an affiliate, successor, or in connection with a merger or asset sale, subject to RPC 1.17 and the rules of professional conduct of any merging firm's jurisdictions.

22.5 Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control.

22.6 Headings. Headings are for convenience only.

22.7 Severability for NJ residents. If any provision of these Terms is held to be unenforceable under New Jersey law, that provision is void as to NJ residents to the extent of its unenforceability, and the remaining provisions remain in full force and effect.

23. Contact

info@simonattorneys.com · 40 W. High St., Somerville, NJ 08876