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Privacy Policy

Effective Date: August 18, 2026  |  Last Updated: August 18, 2026

NeSmith & NeSmith, P.C. ("the Firm," "we," "us," or "our") respects the privacy of visitors to our website, prospective clients, clients, and anyone who communicates with us. This Privacy Policy explains what information we collect, how we use it, when (and when we do not) share it, how long we keep it, and the choices available to you.

This Policy applies to information collected through www.nesmithfirm.com, through our web forms, by telephone, by email, and through our text messaging (SMS/MMS) program. It does not alter or limit the separate and stricter duties of confidentiality and attorney-client privilege that govern our representation of clients (see Section 11).

1. Information We Collect

Information you provide directly. When you complete a contact or consultation form, request information, call our offices, email us, or opt in to receive text messages, we may collect:

  • Name
  • Mobile and other telephone numbers
  • Email address
  • Mailing address
  • Preferred language
  • General description of the legal matter you are inquiring about
  • Any other information you choose to include in a message to us

Information collected automatically. When you visit our website, our hosting provider and analytics tools may automatically collect IP address, browser type and version, device type, operating system, referring URL, pages viewed, and date and time of access. See Section 7.

Information from third parties. We may receive information about you from referral sources, other counsel, courts and government agencies, or interpreters and vendors we engage in connection with a matter.

We do not knowingly collect sensitive personal information through this website beyond what you voluntarily submit. Please do not submit confidential case details, immigration history, financial account numbers, government identification numbers, or medical information through our website forms or by text message. See Section 11.

2. How We Use Your Information

We use the information we collect to:

  • Respond to inquiries and schedule consultations
  • Perform conflict-of-interest checks
  • Provide legal services and communicate with clients about their matters
  • Send appointment reminders, hearing and deadline reminders, document requests, and case status updates
  • Send administrative and billing communications
  • Operate, maintain, secure, and improve our website
  • Comply with our legal, ethical, and professional obligations, including the Alabama Rules of Professional Conduct
  • Detect, prevent, and respond to fraud, security incidents, and unauthorized access

We do not use your information for automated decision-making that produces legal effects concerning you.

3. Text Messaging (SMS/MMS) Program

3.1 Consent to Receive Messages

We send text messages only to individuals who have given prior express consent. Consent may be given by checking the SMS consent box on a form on our website, by providing your mobile number and agreeing in writing during intake, by signing a written engagement or intake document that includes SMS consent, or by texting our number first.

Consent to receive text messages is not a condition of receiving legal services or of any purchase. SMS consent checkboxes on our forms are never pre-checked.

3.2 Types of Messages We Send

Messages are limited to communications relating to your inquiry or your matter, including: appointment confirmations and reminders, hearing and filing deadline reminders, requests for documents or information, case status updates, returned calls, and responses to messages you send us.

3.3 Message Frequency and Rates

Message frequency varies based on the status of your inquiry or matter. Message and data rates may apply. Your mobile carrier is not liable for delayed or undelivered messages.

3.4 Opting Out and Getting Help

You may opt out at any time by replying STOP to any message from us. You will receive a single confirmation message and will not receive further texts from that program unless you opt back in by replying START or by contacting our office.

Reply HELP to any message, or contact us at 334-834-6992 or info@nesmithfirm.com, for assistance.

Opting out of text messages does not withdraw you as a client and does not affect our ability to contact you by telephone, email, or mail regarding your matter.

3.5 No Sharing of Mobile Information

No mobile information will be shared with third parties or affiliates for marketing or promotional purposes. Information sharing with subcontractors in support services, such as customer service or messaging platform providers, is permitted. All other categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.

In plain terms: we do not sell, rent, lease, or trade your mobile phone number or your SMS opt-in and consent records. We do not share them with any third party for that party's own marketing purposes, and we do not share them with data brokers, lead generators, or affiliates for any marketing purpose. Your opt-in consent record is retained by us solely to document compliance with applicable law.

4. How We Share Information

We do not sell your personal information, and we do not share it with third parties for their own marketing purposes.

We share personal information only in the following limited circumstances:

Service providers. With vendors who perform services for us and who are bound by contract and by our instructions to protect the information and use it only to provide those services — for example, our practice management platform, secure document storage, telephone and messaging providers, email providers, translators and interpreters, court reporters, and process servers.

With your direction or authorization. When you ask us to share information, or when sharing is necessary to carry out the representation you have engaged us for — for example, filings with U.S. Citizenship and Immigration Services, the Executive Office for Immigration Review, or a court; or correspondence with opposing counsel or a government agency on your behalf.

When required by law. In response to a valid subpoena, court order, or other legal process that we are legally obligated to comply with. Where we are permitted to do so, we will notify you before disclosing your information and will assert all applicable objections, privileges, and protections on your behalf.

To prevent harm. Where disclosure is permitted or required by the Alabama Rules of Professional Conduct, including to prevent reasonably certain death or substantial bodily harm.

Business transition. In connection with the sale, merger, or dissolution of the Firm, or a transfer of client files to successor counsel, subject to our confidentiality obligations and applicable rules governing client files.

We do not respond to informal or voluntary requests for client information from law enforcement or government agencies. We require legal process and will assert applicable objections and privileges.

5. Data Retention

We retain client files and related personal information for the period required by our file retention policy and by applicable law and rules of professional conduct, and thereafter dispose of them securely. We retain SMS opt-in and opt-out records for at least the period required to demonstrate compliance with applicable telecommunications and consumer protection law. Website analytics data is retained on a rolling basis consistent with our analytics provider's settings. Information submitted by prospective clients whom we do not represent is retained only as long as necessary for conflict-checking and recordkeeping purposes.

6. Data Security

We maintain administrative, technical, and physical safeguards designed to protect personal information against unauthorized access, disclosure, alteration, and destruction, including access controls, encrypted storage, and vendor diligence. No method of transmission or storage is completely secure, and we cannot guarantee absolute security. Email and text message are not secure channels; please use them accordingly.

7. Cookies and Website Analytics

Our website may use cookies and similar technologies to operate the site, remember preferences, and understand aggregate traffic patterns. You can set your browser to refuse cookies or to alert you when cookies are being sent; some parts of the site may not function properly if you do. We do not use cookies to serve targeted advertising to you across other websites, and we do not permit third parties to collect personal information through our site for cross-context behavioral advertising.

We do not currently respond to browser "Do Not Track" signals.

8. Your Choices and Rights

You may:

  • Opt out of text messages at any time by replying STOP
  • Opt out of firm emails using the unsubscribe link or by contacting us
  • Request access to, correction of, or deletion of personal information we hold about you
  • Ask questions about this Policy or our data practices

To make a request, contact us using the information in Section 14. We will respond consistent with applicable law. Please note that our ability to delete information may be limited by our obligations to maintain client files, preserve evidence, and comply with court orders and rules of professional conduct.

Residents of states with comprehensive privacy statutes may have additional rights, including the right to appeal a denied request. We do not sell personal information or share it for targeted advertising as those terms are defined under those laws.

9. Children's Privacy

Our website is not directed to children under 13, and we do not knowingly collect personal information from children under 13 through the website. Where a minor is a client or a beneficiary of a matter we handle, information about that minor is collected and used solely in connection with the representation, with the involvement of a parent, guardian, or authorized adult.

10. Third-Party Links

Our website may link to third-party websites, including government agency sites and social media pages. We do not control those sites and are not responsible for their privacy practices. Review their policies before providing information.

11. Confidentiality, Privilege, and No Attorney-Client Relationship

Contacting us does not create an attorney-client relationship. An attorney-client relationship is formed only when the Firm and the client execute a written engagement agreement.

Information you send to us before we have agreed to represent you may not be protected by the attorney-client privilege and may not preclude us from representing another party in the same matter. Do not send confidential or time-sensitive information through this website or by text message until an attorney-client relationship has been established.

For clients, our duties of confidentiality and the attorney-client privilege are governed by the Alabama Rules of Professional Conduct and applicable law. Where those duties are more protective than this Policy, those duties control.

Nothing on this website constitutes legal advice, and no communication through this website or by text message should be relied upon as legal advice. Sending a text message to the Firm does not stop, extend, or preserve any filing deadline, statute of limitations, or period for appeal.

12. Language Access

This Policy is published in English. If you need this Policy or any communication from the Firm explained in another language, contact our office and we will make reasonable efforts to assist you.

13. Changes to This Policy

We may update this Policy from time to time. The revised version will be posted on this page with an updated "Last Updated" date and takes effect when posted. Material changes affecting our text messaging program will be communicated to enrolled recipients where required by law.

14. Contact Us

NeSmith & NeSmith, P.C.
472 South Lawrence Street
Montgomery, AL 36104
Telephone: 334-834-6992
Email: info@nesmithfirm.com

If you have questions about this Privacy Policy, wish to exercise a privacy right, or want to opt out of communications, contact us using the information above.