Revise - elaborate on the relevant California rules of professional conduct, and better explain the perspective and nature of our public statements.
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Revision as of 00:40, 3 May 2014
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{{center|<big><big>'''
The
role
of Wikimedia Foundation
legal
counsel'''</big></big>}}
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==
The
Role
of
the
Wikimedia Foundation
Legal Team
==
+
The Wikimedia Foundation (WMF) works "to empower and engage people around the world to collect and develop educational content under a free license or in the public domain, and to disseminate it effectively and globally". To serve this mission, the legal team helps make and implement decisions on behalf of the WMF. WMF is part of the community devoted to this mission, but its organizational role is distinct from the roles of other community members.
−
If
you
have
participated
in
discussions
with
Wikimedia Foundation legal team
,
you
may
have
noticed
that
advice
is
often
bookended
with
a
disclaimer stating that
the
attorney
acts
as
a
counselor
for
the
Foundation
exclusively
and
that
we
are
not
offering
legal
advice
.
[1]
+
As
part
of
our
support
of
the
Wikimedia Foundation
, the
legal team
sometimes
provides
WMF's
perspective
on
issues
of
interest
to
community
members.
We
(
the
legal
team)
want
everyone
to
understand
what
we
are doing,
and
not
doing,
when
we
provide
that
perspective
.
−
As
an
organization
headquartered
in
San
Francisco
,
California
,
our
lawyers
must
abide
by
the
state’s
rules
of
professional
conduct;
otherwise
, we
risk
potentially
being
disciplined
by
the
California
Bar.
Disciplinary
action
could
result
in
reputational
damage
,
disbarment
, or
potential
liability
.
+
The
legal
team
represents
the
Wikimedia
Foundation
,
which makes decisions through the Executive Director and the Board. We [[#calaw|do not represent you]]
,
or
any
other
community
member, or
the
community
in general. Similarly, when the legal team comments on an issue we provide a perspective—the perspective
of
WMF.
This allows WMF to further the mission without legally compromising itself (and thus all the sites).
Accordingly
, we
work
hard
to
make
sure
the
perspective
is
sound
and
well-informed, and input from you and other community members is
invaluable
in
giving
us the information we need to advise WMF on what is at stake on a given issue. Nevertheless
,
the perspective we provide is just that—a perspective. It is the position WMF takes
,
not advice regarding what you
or
any other community member should do or not do in a particular situation. We do things this way to make sure we can effectively represent the Wikimedia Foundation and promote its
mission
.
−
*
Under
California’s
Rules
of Professional Conduct, we can only provide professional advice
to
the
Wikimedia
Foundation
itself.[2]
As
in-house
lawyers
for
the
Foundation,
we
may
not represent
other
clients, including unfortunately community
members
.
Compliance with these ethics provisions is not intended to build a wall between an organization and its constituents
,
especially,
when
,
as
here,
there
would
be
no
Foundation without the community. That said
,
the
ethics
directives are firm
that
,
as
in-house
lawyers,
we
can only professionally advise
one
client in this type
of
situation,
namely
the
Foundation.
(When we do advise our client, the Foundation, we almost always outline the perspective and needs of the community given that the mission of the Foundation includes support of the community
.
)
+
We
use
this
disclaimer
template
to
ensure
our
discussions
are
not
misunderstood
as
legal
advice
to
you
or
anyone
other
than
WMF
.
Individuals
may
,
of
course
,
agree
or
disagree
with
WMF’s
legal
perspective
,
but
we
hope
that
this
document
will
be
useful
as
one
source
of
information
for
the
community’s
decision-making
process
.
−
*
Individuals’
legal
inquiries
are
shaped
by
the
specific
facts
of
their
case
and
the
laws
of
the
applicable
jurisdiction
.
As
the
legal
team
of
a
nonprofit
organization
with
an
enormous
volunteer
base
,
we
are
not
in
a
position
to
understand
fully
the
facts
of
every
case
,
preventing
us
from
offering
thorough,
individualized
advice,
even
if
it
were
possible.
+
If
you feel you need personal
legal
advice,
we
encourage
you
to
contact
a
lawyer
who
can
represent you. Some non-profit organizations, like
the
[https://www.eff.org/pages/legal-assistance Electronic Frontier Foundation], sometimes agree to represent users
of
websites
and
advise on particular issues
.
You may also consult free
legal
referral
services
like
[http://www.omln.org/
Online
Media
Legal
Network],
the [http://www.dmlp.org/legal-guide/nonprofit-legal-assistance Digital Media Law
Project]
,
and
various
Legal
Aid
programs
listed [http://www.ptla.org/links here]
to
get
in
touch
with
a
lawyer
that can assist you. Additionally
,
some
contributors
may
qualify
for
[[wmf:Legal_Fees_Assistance_Program|WMF’s
Legal
Fees Assistance Program]]
if
you
need
help
defending
against unfounded legal claims based on your activity on Wikimedia projects.
−
For these reasons, we use the disclaimer template to ensure our discussions are not misunderstood as legal advice to others as we discuss generally with community members topics of legal interest. If a community member wants official legal advice, they should contact their own lawyer. Some non-profit organizations, like the Electronic Frontier Foundation, sometimes agree to represent users of websites and advise on particular issues.
+
{{anchor|calaw}}
+
===The ethical obligations of the Wikimedia Foundation legal team ===
+
In discussions with the Wikimedia Foundation legal team, you may have noticed that our statements are accompanied with a disclaimer stating that the attorney acts as a counselor for the Foundation exclusively, we provide the Foundation's perspective on issues, and that we are not offering legal advice to community members. We do this to ensure we comply with the [http://rules.calbar.ca.gov/Rules/RulesofProfessionalConduct.aspx California Rules of Professional Conduct].
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___________
+
Our legal team works from our headquarters in San Francisco, California. Our lawyers therefore must abide by California’s rules of professional conduct. These rules are legally binding and are enforced by the state bar and, in some cases, courts. A finding that any of our lawyers failed to comply with the rules could result in reputational damage, disbarment, or potential liability for the lawyer, and would be bad for the Foundation as well.
+
* California’s Rules of Professional Conduct require that our lawyers follow the principle that our client is the Wikimedia Foundation itself.<ref>See [http://rules.calbar.ca.gov/Portals/10/documents/2013_CaliforniaRulesofProfessionalConduct.pdf California Rules of Professional Conduct, Rule 3-600(A)]
+
</ref> Our lawyers therefore do not represent other clients, including unfortunately community members. Compliance with these ethics provisions is not intended to build a wall between the Foundation and the community, especially because there would be no Foundation without the community. In this context, the purpose of the rule is to make sure the Foundation is well served by its lawyers and that members understand the legal team’s role and the constraints on its work.
+
* As one example of this point, when the legal team advises the Foundation, or explains the Foundation’s perspective on an issue, the team addresses the Foundation’s interest. Individual problems are necessarily shaped by the specific facts of particular situations and by the laws of the applicable jurisdiction. As the legal team of a nonprofit organization with an enormous volunteer base, we are not in a position to understand fully the facts and law applicable to every case, so we could not offer individualized advice, even if it were otherwise possible under the rules.
+
For these reasons, we use the disclaimer template to ensure our discussions with community members are not confused as advice to, or representation of, those members. If a community member wants official legal advice, they should contact their own lawyer.
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[1] Our disclaimer:
+
<references
/>
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::{| style="border:darkgrey solid 1px;padding:7px"
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|-
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| [[File:Information icon.svg|40px]]
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| style="padding-left:10px" | '''Note - This Is Not Legal Advice''':
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* The pages listed below may not be accurate, and may fall out of date over time.
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* These pages are '''not''' legal advice or a representation of the viewpoints of the Wikimedia Foundation.
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* The legal team can '''only''' represent the Wikimedia Foundation on legal matters, so these pages are not official advice to the community.
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* The legal team '''cannot''' provide consultations, and contacting the legal team does '''not''' create any confidential relationship.
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* This page is '''not''' intended to address a specific factual situation.
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For more information on this disclaimer, see [[Wikimedia_Legal_Disclaimer|here]].
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|}
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[2] See Rule 3-100 cmt. 1; 3-600(D) http://rules.calbar.ca.gov/Portals/10/documents/2013_CaliforniaRulesofProfessionalConduct.pdf