I have been approached by a company that says it can handle all my 2257 needs, provide software guidance, etc. What are the pros and cons of using such a company?
-Donald, Los Angeles, California
Donald: Roger Wilcox of my firm and I have worked with some such companies. Some are not much help, and others do provide valuable information. However, there is no substitute for sound legal advice from an attorney experienced in the area of 2257 since it is far from clear as to exactly what is required in all instances, especially the internet. Moreover, remember that unlike a lawyer who provides confidential advice and who can not reveal such advice or whether or not your records were adequate in the past or are currently adequate, a third party non-attorney is under no obligation to keep a confidence and in fact may be subpoenaed and turn out to be the government's best witness as to how your records do not comply with the law. As a result, you have committed a very serious federal felony.
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Indeed, we have been told of one such company whose principal regularly is reported to be in contact with the FBI and who is also reported to have stated that some of his clients are not in compliance with the law. If these reports are accurate, it is obvious how this kind of information may be very damaging to a company or individual. The best advice is to leave the advice on 2257 compliance to a qualified attorney, and leave it up to that attorney to decide if he or she wants to seek out the assistance of one of these non lawyer companies for 2257 assistance.
Paul Cambria is a senior partner in the law firm of Lipsitz, Green, Fahringer, Roll, Salisbury & Cambria, which has offices in several large cities, including Buffalo, N.Y., and Los Angeles.
He has been defending adult business owners from obscenity charges and other forms of governmental aggression for over 25 years.
He can be reached via email at pcambria@avn.com Responses given are not meant to be legal advice just general discussions about the issues raised. Please consult a personal attorney for legal advice
