HIPAA Provisions
Under Texas Health and Safety Code, Sec. 181.154 - HB 300, effective September 1, 2012 - Because Law Offices of Steven C Benke P.C. gathers, stores, and electronically transmits medical records (Protected Health Information - PHI) in the course of our representation of our clients, we are required to post a notice to clients that their protected health information is subject to electronic disclosure. Texas and Federal Law prohibits any electronic disclosure of a client's protected health information to any person without a separate authorization from the client or the client's legally authorized representative for each disclosure. This authorization for disclosure may be made in written or electronic form or in oral form if it is documented in writing by our law firm. The authorization for electronic disclosure of protected health information described above is not required if the disclosure is made: to another covered entity, as that term is defined by Section 181.001, or to a covered entity, as that term is defined by Section 602.001, Insurance Code, for the purpose of: treatment; payment; health care operations; performing an insurance or health maintenance organization function described by Section 602.053, Insurance Code; or as otherwise authorized or required by state or federal law. In other words, no further release is necessary for electronic disclosure to other health care providers, insurance companies, governmental agencies, or defense lawyers representing adverse parties.
Terms & Conditions
1. Introduction
Welcome to benkelaw.com (the "Site"), operated by the Law Office of Steven C. Benke, P.C. ("the Firm," "we," "us," or "our"). These Terms & Conditions govern your use of this Site and all associated content and services. By using this Site, you agree to these terms in full. If you disagree with any part of these terms, you must not use this Site.
2. No Attorney-Client Relationship
Your use of this Site, including submitting a contact form, requesting a free consultation, or otherwise communicating with the Firm through the Site, does not create an attorney-client relationship. An attorney-client relationship is formed only after the Firm has confirmed representation in writing, such as through a signed fee agreement. Until that happens, information you send us through the Site is not protected by attorney-client privilege and may not be treated as confidential.
Please do not send sensitive or case-specific details through the contact or consultation forms until representation has been confirmed.
3. No Legal Advice
The content on this Site, including blog posts, FAQs, service descriptions, and videos, is provided for general informational purposes only. It is not legal advice and should not be relied upon as a substitute for consulting a qualified attorney about your specific situation. Texas family law is fact-specific, and outcomes vary case to case. You should not act, or refrain from acting, based on anything you read on this Site without first seeking advice from a licensed attorney.
4. Attorney Licensing
The attorneys at the Law Office of Steven C. Benke, P.C. are licensed to practice law in the State of Texas. Steven C. Benke is Board Certified in Family Law by the Texas Board of Legal Specialization. Nothing on this Site should be construed as an offer to provide legal services in any jurisdiction where the Firm or its attorneys are not licensed to practice.
5. Testimonials & Case Results
Any testimonials, reviews, awards, or case results referenced on this Site reflect the experiences of individual clients and the outcomes of individual cases. Every case is different, and past results do not guarantee or predict a similar outcome in any future matter. No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers.
6. Intellectual Property Rights
Unless otherwise stated, the Law Office of Steven C. Benke, P.C. and/or its licensors own the intellectual property rights in this Site and its content, including text, graphics, logos, and images. All rights not expressly granted are reserved.
7. License to Use Website
You may view, download for caching purposes only, and print pages from this Site for your own personal, non-commercial use, subject to the restrictions below. You must not:
- Sell, rent, or sub-license material from the Site.
- Reproduce, duplicate, or copy material from the Site for a commercial purpose.
- Edit or otherwise modify any material on the Site.
- Use any content from the Site in a manner that suggests an affiliation with, or endorsement by, the Firm without our written consent.
8. Third-Party Links
This Site may link to related sites operated by the Firm's affiliated practices (including immigration and personal injury services) as well as to third-party sites, such as social media platforms or payment processors. We do not control and are not responsible for the content, accuracy, or privacy practices of any third-party site.
9. Online Payments & Financing
The Site's payment page allows you to make a one-time payment or set up financing.
One-time payments are processed through a third-party payment form (Formnx). Payment card and billing information you enter is transmitted to and handled by that processor, not stored by the Firm. Use of the payment form is also subject to that processor's own terms and privacy practices.
Financing options presented on the payment page, including any "buy now, pay later" or installment plans, are offered through iQualify Lending and its lending partners, which are independent third parties and not the Firm. Any decision to finance legal fees is a separate credit transaction between you and the lender, subject to that lender's own approval, terms, interest, and fees. The Firm is not a party to, and is not responsible for, any financing agreement you enter into with a third-party lender. Financing a payment does not change the terms of your fee agreement with the Firm.
Fees paid to the Firm, and any refunds, remain governed by the Payments and Refund Policy sections of our Policies page at benkelaw.com/legal.
10. Limitation of Liability
To the extent permitted by law, the Firm will not be liable for any loss or damage arising from your use of this Site, including reliance on any information published here or issues arising from a third-party payment processor or lender. This does not limit or exclude any liability that cannot be limited or excluded under applicable Texas or federal law.
11. Privacy Policy
Use of this Site is also governed by our Privacy Policy, which is incorporated into these Terms & Conditions by reference and available at benkelaw.com/legal.
12. Changes to These Terms
We reserve the right to modify these Terms & Conditions at any time. Updated terms will be posted on this page with a revised effective date. Your continued use of the Site after changes are posted constitutes acceptance of the revised terms.
13. Governing Law & Jurisdiction
These Terms & Conditions are governed by the laws of the State of Texas, without regard to conflict-of-law principles. Any disputes relating to these terms will be subject to the exclusive jurisdiction of the state and federal courts located in Bexar County, Texas.
14. Contact
If you have questions about these Terms & Conditions, please contact us:
Law Office of Steven C. Benke, P.C.
2941 Mossrock, Suite 100
San Antonio, Texas 78230
Phone: (210) 308-0004
Refund Policy
In order to retain the services of any attorney employed by the Law Office of Steven C. Benke, a potential client must enter into a fee agreement (Law Office Contract and Exhibit A). The fee agreement constitutes the complete understanding between the parties regarding payment of legal fees and expenses, including refunds.
In the event that a client retains the Law Office and subsequently decides to terminate representation prior to completion of the case, a refund of any unearned attorney fees and costs, if applicable, shall be provided in accordance with the fee agreement.
In the event that a potential client makes a payment before formally retaining our services and the Law Office subsequently declines representation, the payment will be refunded less the reasonable value of time expended and expenses incurred.
Time expended by the Attorney for the initial consultation and any subsequent work performed—including but not limited to document preparation, telephone calls, court appearances, depositions, motion/hearing/trial preparation, research, travel to court, and time expended to close the case at the client’s request—shall be billed at the hourly rate specified in the retainer agreement.
Time expended by the Paralegal for the initial consultation and any subsequent work performed—including but not limited to document preparation, telephone calls, file maintenance, meetings with the client, and time expended to close the case at the client’s request—shall be billed at the hourly rate specified in the contract.
If a payment is made in error or for an incorrect amount, the client must notify the Law Office immediately.
All refund requests must be made in writing and must be received by the Law Office within thirty (30) days of the original payment date. Any refund request received more than thirty (30) days after the payment date shall be deemed waived and void.
All written refund requests must be delivered by mail or hand delivery to:
2941 Mossrock, Suite 100
San Antonio, Texas 78230
The Law Office of Steven C. Benke processes only written refund requests. Upon receipt of a written request, the firm will review the client’s physical file, electronic file, and billing records. Refund processing requires a minimum of thirty (30) days from the date the written request is received. After review, the firm will provide a written response granting, denying, or requesting additional information regarding the request. The determination remains within the discretion of the Law Office, subject to the terms of the fee agreement and applicable law.
All approved refunds will be issued by the same method of payment originally used by the client. No cash refunds will be issued under any circumstances.
If you have any additional questions regarding this policy, please contact our office in writing.