Benefits Proudly Offered to Katy ISD Employees

Be fully prepared and confident

 with LegalGUARD^sm

Learn about legal insurance, a smart option for your protection.

Product Administered By: LegalEASE

LegalGUARD can help ease the two biggest stresses - finding and paying for an attorney.

Nobody likes to be caught off guard, especially when it comes to legal matters. Life can be complicated. Finding a good attorney doesn’t have to be. With LegalGUARD, it’s easy to choose the best attorney, because you get assistance from highly trained and qualified personal specialists who review the details of local attorneys and help you find your best source for legal advice. Being a LegalGUARD member saves you time and costly legal fees. But most importantly, it gives you confidence and provides coverage for common legal matters.

With a LegalGUARD plan, you get:

• An attorney with expertise specific to your legal matter
• Access to a national network of attorneys with exceptional experience that are matched to meet your needs
• Coverage for in and out-of-network
• Concierge help finding a better attorney and navigating common individual or family legal issues
• Hours of financial counseling and coaching

We all make some sort of plan in life. But have you ever considered the possibility of a legal problem?

You've graduated from college and are planning for your future - where to get hired, which company will put you on the path to success. Whether to be single or date or settle down, and with the right person. Legal problems can be unexpected and interrupt your plans. LegalGUARD provides coverage for your specific legal matter so you won't be caught off guard.

Protect your family’s future, with LegalGUARD.

You work hard to make the right choices for your loved ones, especially when it comes to legal and financial matters. Get the peace of mind you want and the protection you need with a LegalGUARD Plan. LegalGUARD offers valuable benefits to shield your family and savings from unexpected legal issues.                              

According to the American Bar Association, more than 70 percent of U.S. households will have the need for a lawyer in the next 12 months. And the same study found most consumers feel uncertain about how to tell a good lawyer from a bad one. With LegalGUARD you have access to a national network of credentialed attorneys and the help you need to find the best attorney for your legal matter with its concierge service.

The Value of a LegalGUARD Plan.

• Home and Residential
• Financial and Money Matters
• Consumer
• Auto and Driving
• Family and Personal 
• Civil Lawsuits
• Estate planning and wills
• Elder Law

LegalGUARD Plan Coverage

Benefits are designed to meet the typical needs of an employee and their family. There are no deductibles to worry about for covered services. Benefits cover the attorney’s time. Other costs such as filing fees or court costs are not covered. Listed below are the types of matters that are covered by the LegalGUARD Plan.  This plan offers the convenience of in-network and out-of-network benefits. Many of the below areas are fully covered in-network.

Plan Cost

The LegalGUARD Plan for Employee Only coverage is $12.90 monthly, via payroll deduction.

The LegalGUARD Plan for Family coverage is only $16.68 monthly, via payroll deduction.

Who's Covered?

The Member’s spouse and Member’s unmarried dependent children, including stepchildren, legally adopted children, children placed in the home for adoption and foster children, up to age 19, and from age 19 up to 26 years if they are enrolled in an accredited school or college as full-time student(s) and are primarily dependent upon the Member for support.

¹Some limitations may apply.

²Subject to managed case rules.

³Additional benefits

⁴Discounted Rate/Flat fee rates

Managed Case Rules require the following:

1. Member and/or Family Member must secure a confirmation letter from the Member Service Center prior to proceeding with an attorney.
2. The attorney must provide a written estimate of fees reflecting his or her best judgment as to the likely conduct of the case.
3. We will set a maximum attorney fee that takes into account the reasonable level of reimbursement of the proceeding and the proposed litigation strategy. Fees as a result of services in excess of the maximum attorney fee are the responsibility of the Member and/or Family Member.

Exclusions

The following services are excluded:

Appellate court proceedings, class actions, interventions, derivative action and amicus curiae filings.

The preparation and filing of individual, partnership or estate tax returns, appellate or administrative proceedings related to tax returns, litigation before the U.S. Tax Court, U.S. Court of Claims or any other federal, state or other courts with respect to tax matters.

Matters relating to securities, trademark or patent matters; business or commercial interests, including, but not limited to, professional, partnership and/or corporate matters; matters involving the law or laws of jurisdictions other than the United States and its territories and Canada; any matters involving a government (domestic or foreign) entity or agency except as specifically described under Covered Services; farm related issues; matters involving commercial or rental property transactions, including the purchase, sale or lease of investment or income-producing property. A two-family house, whether or not used by the Member as his or her primary residence, is deemed an investment or income-producing property.

Legal services that are fully paid for or provided at no cost by any governmental agency, organization or insurance company.

Matters that the attorney deems frivolous, spurious, harassing, or unethical (collectively referred to as “frivolous”) or otherwise prohibited by the Model Rules of Professional Conduct of the state in which the attorney is licensed.  

Costs associated with covered legal services, including but not limited to, all fines, court costs, penalties, sanctions, expert witness fees, bonds, bail bonds, attorney fees, exhibits, deposition costs, filing fees, transcripts, postage, telephone, photocopying, recording fees, messengers, judgments, jury fees, court reporter fees, investigative costs and all other incidental and out-of-pocket legal and litigation costs.

Any services on behalf of a Covered Family Member against the interests of the Member.

Any employment-related matter. This includes, but is not limited to, any dispute involving the Member’s employer or its affiliates, their officers or directors, the Member’s employee benefit plans, credit unions, programs or arrangements sponsored by an employer, or cases involving workers’ compensation, unemployment compensation, sex harassment, age discrimination, etc.

Any dispute or proceeding against the following persons or entities, their officers, directors, employees, or agents: any person or entity involved in the sale, marketing, administration or other processes related to the group contract / Certificate of Coverage; Legal Plan Administrator or its subsidiaries; Reimbursement Administrator or its subsidiaries; Contractholder; Member’s employer; Plan Sponsor; or any Participating and/or Non-Participating Attorney, if the dispute or proceeding pertains to services provided under the group contract / Certificate of Coverage.

The Certificate of Coverage will not provide services in connection with pre-existing matters, which includes any matter where the Member and/or Covered Family Member is on notice as to a pending legal dispute or has previously contacted an attorney, except when prior coverage under another Legal Plan provided by the Contractholder can be demonstrated.

Where there are specific hours or dollar amounts provide in this Schedule of Services, or where a maximum is set under the Managed Case Rules, the Member will be responsible for all attorney fees incurred over the maximum. Additional exclusions related to each service are included in the Covered Services.

Definitions

“CONTRACTHOLDER” - means the organization named on the first page of the Certificate of Coverage.

“REIMBURSEMENT ADMINISTRATOR” - means LegalEASE; or its subsidiary.

“COMPLEX WILL” - means the Member has a significant net worth and will benefit from tax planning, or the estate is subject to current state or federal estate taxation; or the Member owns a business that will continue in operation after death; or the Member wants to put restrictions on what heirs may do with the property; or the Member wants to leave money to someone in a trust because the person cannot manage his or her own affairs (such as a mentally handicapped child), or wants the property to be managed by a trustee for a period of time past the child’s age of majority, to age 25 or 30, for example; or the Member thinks that someone will challenge the will; or the Member wants to exclude any lawful dependents.

“CONTESTED DIVORCE” - refers to a divorce proceeding that requires more than 5 hours of attorney time, involves disputed issues and both parties are represented by an attorney.

“COVERED FAMILY MEMBER” - means the Member’s spouse and Member’s unmarried dependent children, including stepchildren, legally adopted children, children placed in the home for adoption and foster children, up to age 19, and from age 19 up to 26 years if they are enrolled in an accredited school or college as full-time student(s) and are primarily dependent upon the Member for support .

“COVERED SPOUSE” - means the Member’s lawful spouse at the time the contract is in effect.  

“EFFECTIVE DATE” - means the date a Member’s coverage hereunder begins.

“HEALTHCARE COVERAGE” – means any policy for healthcare that a Member and/or Covered Family Member has in effect over which some type of coverage, benefits, or privacy dispute arising while that policy is in effect as defined by the terms of that policy. Nothing in this Contract will pay or create any obligation to pay any healthcare benefits to any person for any reason, and any coverage related to this definition in this Certificate of Coverage must be related to a Member’s and/or Covered Family Member’s dispute under a healthcare coverage policy.

“INTERNET PURCHASE” - A purchase of goods or services whose purchase value is over $200.00 at the time of purchase by a Member and/or Covered Family Member from a website on the worldwide web.

“LEGAL PLAN ADMINISTRATOR” – the LegalEASE Group, its affiliates, officers, directors, employees, and/or agents, including third party organizations and their affiliates, officers, directors, employees, and/or agents, hired by the LegalEASE Group to perform services under this Certificate of Coverage.

“MEMBER” - refers to the individual who is associated with the Contractholder named on the first page of this Certificate of Coverage and who has paid or a fee has been paid on his/her behalf and who meets the eligibility requirements for Covered Services as defined by the Contractholder.

“MEMBER SERVICE CENTER” - means the service location established to help make full use of the Certificate of Coverage.

“NON-PARTICIPATING ATTORNEY” - means an attorney not retained by Legal Plan Administrator who is selected and paid by the Member to provide services covered under the Legal Services Contract up to the maximum amount as shown in the Schedule of Services.

“PAID IN FULL” - means complete payment to a Participating Attorney for covered legal services.

“PARTICIPATING ATTORNEY” - means an attorney retained by the Legal Plan Administrator to provide covered legal services at the amount shown in the Schedule of Services.

“WE”, “US”, “OUR” AND “COMPANY” - means the name of the plan provider indicated on the first page of the Certificate of Coverage.

Covered Services

In consideration of payment and receipt by Us of the applicable fee, all Covered Services are available to a Member and all Covered Family Members. Except as noted below, the following Covered Services are provided to the Member when the Member uses a Participating Attorney. The Schedule of Services chart shows the reimbursement schedule when the Member uses a Non-Participating Attorney.

Advice and Consultation

LegalEASE Helpline: Advice and consultation by telephone with a Participating Attorney. Services are available during normal business hours. Calls can relate to any personal legal matter, civil or criminal, except those specifically excluded.

Initial Law Office Consultation: Up to the maximum as shown in the Schedule of Benefits for office consultations with a Participating Attorney on any personal legal problem, civil or criminal, except those specifically excluded.  

Review of Simple Documents: The Participating Attorney will verbally explain the meaning or impact of any form or document, or make suggestions for changes to a form or document being drafted of up to the maximum number of pages as shown in the Schedule of Benefits. This benefit does not include a written analysis of any form or document.

Miscellaneous Law Office Services

Legal Services for any Non-Excluded Legal Matter: This benefit will cover any legal services needed by the Member or Covered Family Member for review or preparation of documents, or any other service required on any legal matters not listed as a covered benefit or exclusion under this Contract.

Consumer Matters

Document Preparation: Preparation of any of the following documents: simple deed (excluding those reviewed or prepared under the real estate service), promissory note, consumer dispute correspondence, installment sales agreement, general power of attorney, lease agreement (tenant only), time share agreement, and simple affidavit.

This service is limited to one use per year per document, except general power of attorney, which is limited to one use per year per Covered Family Member.

Consumer Dispute: Consultation or representation in a dispute relating to consumer goods and services (not involving real estate construction, landlord/tenant disputes or renovation).

This service is limited to one use per year.

Small Claims Court Representation: Consultation and/or representation for a consumer dispute filed in small claims court. (Attorney may not be permitted to attend court hearings in some jurisdictions).

This service is limited to one use per year.

Mail Order or Internet Purchase Dispute: The services of an attorney to review the nature of any mail order or Internet Purchase dispute involving the purchaser prior to the commencement of litigation. This service includes the review or preparation of dispute letters, any purchase documents and/or consultation with the attorney. If litigation is commenced in this matter, the service will cover up to the maximum shown on the Schedule of Services.

This service is limited to one purchases per year.

Bank Fee Dispute: The services of an attorney to review the nature of any (non-business related) bank fee dispute between the Member and their bank prior to the commencement of litigation. This service includes the review or preparation of dispute letters, any purchase documents and/or consultation with the attorney. If litigation is commenced in this matter, the service will cover up to the maximum shown on the Schedule of Services.

This service is limited to one dispute per year.

First-time Vehicle Buyer: The services of an attorney for the purchase of a Member’s and/or Covered Family Member’s first vehicle. This service includes the review or preparation of purchase and finance documents and/or consultation by the attorney at or before closing.

This service is limited to one vehicle purchase per year and must be the first vehicle purchase of either the Member or Covered Family Member.

Vehicle Repair and Lemon Law Litigation: Services related to the representation of a Member and/or Covered Family Member who is entitled under the applicable state “lemon” law to bring a civil lawsuit (non-business related), up to and including the trial thereof related to a defective car as defined in the applicable state law. This service does not include: (1) any lawsuit related to finances or defects that do not specifically fall under the definitions permitted in the applicable state lemon law; (2) lawsuits normally handled on a contingent fee basis; (3) any collection or related defense or action; or (4) matters for which the Member has or is required by law to have insurance.

This service is limited to one use per year.

Cell Phone Contract Dispute: Review of the cell phone contract where the Participating Attorney will verbally explain the meaning or impact of any form or document, or make suggestions for changes to a form or document being drafted of up to maximum number of pages shown on the Schedule of Services.  

In the event of a dispute over the terms of the agreement between the cell phone company and the Member or any Covered Family Member, this service provides representation in a dispute relating to the cell phone contract if the  Member/Covered Family Member is sued or named in a small claims court action. This service covers counseling on prosecuting a small claims court action; helping the  Member/Covered Family Member prepare documents; advising on evidence, documentation and witnesses; and preparing the  Member/Covered Family Member for trial. The service does not include the Participating Attorney’s attendance or representation at a small claims trial, collection activities after a judgment or any services relating to post-judgment actions.

This service is limited to one use per year.

Warranty Dispute: Review of the warranty policy or service contract where the Participating Attorney will verbally explain the meaning or impact of any form or document, or make suggestions for changes to a form or document being drafted up to the maximum number of pages shown on the Schedule of Services.  

In the event of a dispute over the terms of the agreement between the warranty company and the Member or Covered Family Member, this service provides representation in a dispute relating to the warranty or service contract if the Member or Covered Family Member is sued or named in a small claims court action. This service covers counseling on prosecuting a small claims court action; helping the  Member/Covered Family Member prepare documents; advising on evidence, documentation and witnesses; and preparing the  Member/Covered Family Member for trial.  

This service is limited to one use per year.

Healthcare Coverage Disputes and Records: Up to the maximum as shown in the Schedule of Services for office consultations with a Participating Attorney on any Healthcare Coverage dispute, civil or criminal, even where a Member has Healthcare Coverage under another policy outside this plan. For a definition of Healthcare Coverage, please see definitions in this Legal Services Contract.

This service is designed to help Members and/or Covered Family Members understand new healthcare law provisions and coverages based on the federal and/or state version of this law AAPACA, and to prepare a bona fide defense to any denials in coverage valued at more than $1,000.00 in covered medical services under the policy in dispute. This service is not intended to provide representation in litigation and does not include collection defense or other actions related to medical bills or payments.

This service also includes the review of simple healthcare policy coverage documents and the Participating Attorney will verbally explain the meaning or impact of any policy or related document, or make suggestions for dispute letters or documents being drafted of up to the maximum number of pages as shown in the Schedule of Services. This service does not include a written analysis of any form or document but does include the preparation of any of the following documents up to the maximum number of pages shown on the Schedule of Services: policyholder dispute correspondence, and simple affidavit. Partial documents cannot be reviewed or prepared and if the document other than the actual Healthcare Coverage policy is more than the maximum number of pages shown in the Schedule of Services the service does not apply.

This service is limited to use per year.

Identity Theft Defense: Services related to the representation of a Member and/or Covered Family Member regarding potential creditor actions resulting from identity theft, and attorney services as needed to contact creditors, credit bureaus and financial institutions. It also provides defense services for specific creditor actions over disputed accounts.

This service is limited to one use per year.

Estate Planning

Will or Codicil Preparation: Preparation of one simple will or codicil (an amendment to an existing will) for the Member and Covered Spouse only and/or Covered Family Member, including the preparation of a simple testamentary support trust for the dependent children:

Simple Will Preparation: Participating Attorney shall prepare a simple will or codicil for Member and/or Covered Family Member and discuss the legal requirements for signing the will.  

This service is limited to one use per year per Member/Covered Family Member.

Living Will and/or Health Care Power of Attorney: Preparation of living will and/or health care power of attorney for Member and/or Covered Family Member as authorized by state law. A living will expresses an individual’s wishes as to the use or withdrawal of life support systems. A health care power of attorney appoints another to make medical decisions if the individual is unable to do so him/her self.

This service is limited to one use per year

Living Trust Document: Preparation of living trust documents. This service does not include services related to transactions to fund the trust or transfer assets into it. This service does not include tax planning or tax advice related to the trust or the Member’s situation before and after the trust is prepared.

This service is limited to one use per year.

Probate of Small Estate: The service of an attorney for the probate of a small estate (an estate that is not subject to current state or federal estate taxation) up to the maximum as shown in Schedule of Services.

Residential Matters

Real Estate Sale, Purchase or Refinancing of Primary Residence: The services of an attorney for the purchase, sale, or refinancing of a Member’s primary residence (where Member has resided or intends to reside for twenty-seven (27) weeks or more per year). This service includes the review or preparation of closing documents and/or attendance by the Member’s attorney at closing in situations when it is customary to do so. This service does not include services performed by or for a title company, or for an attorney acting on behalf of a lending institution. Home equity loans and the sale or purchase of unimproved or rental properties are not included.

This service is limited to one closing per year.

Vacation or Investment Home Purchase, Sale or Refinancing: The services of an attorney for the purchase, sale, or refinancing of a Member’s vacation or investment residence (where Member has not resided or does not intend to reside for twenty-seven (27) weeks or more per year). This service includes the review or preparation of closing documents and/or attendance by the attorney at closing in situations when it is customary to do so. This service does not include services performed by or for a title company, or for an attorney acting on behalf of a lending institution. Home equity loans and the sale or purchase of unimproved properties are not included.

This service is limited to one closing per year.

Tenant Dispute: Representation of the Member and/or Covered Family Member as a tenant in a dispute with his/her landlord.

This service is limited to one use per year.

Tenant Security Deposit Dispute: The services of an attorney to assist the  Member as a tenant in recovering a security deposit from the  Member’s residential landlord for the  Member’s primary residence; reviewing the lease and other relevant documents; and preparing a demand letter to the landlord for the return of the deposit. This service covers preparation for prosecuting a small claims action; helping prepare documents; advising on evidence, documentation and witness; and preparing the Member for the small claims trial. The service does not include the Participating Attorney’s attendance or representation at the small claims trial, collection activities after a judgment or any services relating to post-judgment actions.

This service is limited to one use per year.

Landlord Dispute with Tenant: This service covers the Member where he/she is a landlord, but where the regular business or livelihood of the Member is that other than a landlord, for matters involving evictions, leases, or disputes with a residential tenant. The service includes advice and representation if a lawsuit is filed up to the maximum shown on the Schedule of Services. It does not include representation for a tenant in disputes with other tenants. If a lawsuit must be brought by the landlord, representation will be provided up to the maximum shown in the Schedule of Services and the Member will be responsible for paying all fees for any additional services required.

This service is limited to one use per year.

Security Deposit Dispute with Tenant: This service covers the Member where he/she is a landlord, but where the regular business or livelihood of the Member is that other than a landlord, in defending against the recovery of a security deposit from the Member’s residential tenant for any residence owned and leased by the Member; reviewing the lease and other relevant documents; and preparing a letter to the tenant specifying what part of the deposit, if any, will not be returned. It also covers assisting the Member in defending a small claims action; helping prepare documents; advising on evidence, documentation and witness; and preparing the Member for the small claims trial. The service does not include the Participating Attorney’s attendance or representation at the small claims trial, collection activities after a judgment or any services relating to post-judgment actions.

This service is limited to one use per year.

Construction Defect Dispute: The services of an attorney in a dispute relating to the Member’s new home purchased within the past five (5) years up to the maximum shown in the Schedule of Services. This service includes preparation and assistance for a dispute related to any defect or damage caused by the construction or related to the construction.

This service is limited to one use per year.

Neighbor Dispute: The services of an attorney in a dispute relating to a Member’s neighbor up to the maximum shown in the Schedule of Services. Advice and/or preparation and assistance for a dispute filed in court is also covered, although representation in small claims court is not covered.

This service is limited to one use per year.

Noise Reduction Dispute: The services of an attorney in a dispute relating to a Member’s enjoyment of his/her home, where any activity related to noise affecting the Member’s enjoyment of their home is prohibited by federal, state or local law, up to the maximum shown in the Schedule of Services. Advice and/or preparation and assistance for a dispute filed in court is also covered, although representation in small claims court is not covered.

This service is limited to one use per year.

Financial Matters

Debt Collection Defense: The defense of any dispute involving personal (non-business related) debt.  This service includes correspondence, negotiating with creditors to arrange a repayment schedule, assistance in limiting harassment by bill collectors, and negotiating settlement after a complaint is filed. This service does not include defense against execution of a court-ordered judgment or efforts to vacate or set aside a judgment.

This service is limited to one use per year.

Bankruptcy: Representation on behalf of the Member and/or Covered Family Member for personal (non-business related) bankruptcy protection under Chapter 7 or 13 of the Internal Revenue Code.

This service is limited to one use per year.

Foreclosure: Defense of the Member in an action to foreclose on the Member’s primary residence (where Member has resided or intends to reside twenty-seven (27) weeks or more per year.)

This service is limited to one use per year.

Tax Audit: Includes the services of an attorney (but not accounting services) during a personal (non-business related) tax audit process required by federal and state tax authorities and negotiations relating to it. This service does not include a defense against criminal charges nor the defense of civil tax litigation in any tax court.

This service is limited to one use per year.

Student Loan Refinancing/Collection Defense: The services of an attorney up to the maximum shown in the Schedule of Services for a student loan refinancing or collection dispute proceeding. This service covers the Member and/or Covered Family Member when there is an issue regarding a student loan in the name of the Member and/or Covered Family Member. This service includes negotiation with creditors for a repayment schedule and to limit creditor harassment, and representation in defense of any action for personal debt collection, tax agency debt collection, foreclosure, repossession or garnishment, all related to one or more school loans in the name of the Member and/or Covered Family Member up to and including trial if necessary.

It does not include vacating a judgment; counter, cross or third party claims; bankruptcy, any action arising out of family law matters including support and post decree issues; or any matter where the creditor is affiliated with the sponsor or employer.

This service is limited to one use per year.

Family Matters

Separation, Divorce, Civil Annulment: Legal representation of the Member only for up to the maximum shown on the Schedule of Services in an uncontested separation, divorce, civil annulment, consent or default divorce. An uncontested separation, divorce or civil annulment does not involve significant disputed issues and the parties resolve any issues prior to any court supervised proceeding. A consent or default divorce does not involve any disputed issues and the opposing party is not represented by counsel. The service for uncontested matters does not provide any coverage of an attorney’s fee for: (1) services in excess of the maximum shown on the Schedule of Services; the Member must pay the attorney’s fee for services in excess of the maximum; or, (2) contested matters in which case the Member must pay the attorney’s fee for services, unless this Legal Services Contract provides coverage of contested matters and the service shall be in accordance with the Schedule of Services. A contested separation, divorce or civil annulment requires more than five hours of attorney time, involves disputed issues and both parties are represented by an attorney.

This service is limited to one use per year (representation seeking or defending against interim or subsequent-to-decree order shall constitute a separate use) and applies to the Member and Covered Family Members only for actions not involving the Member as an opposing party.

Prenuptial Agreement: This service covers the preparation of an agreement by a Member and his or her fiancé/partner prior to their marriage or legal union (where allowed by law), outlining how property is to be divided in the event of separation, divorce or death of a spouse. Representation is provided only to the Member. The fiancé/partner must have separate counsel or must waive representation.

This service is limited to one use per year.

Name Change: Services required to accomplish a legal name change for a Member and/or Covered Family Member.

This service is limited to one use per year.

Guardianship/Conservatorship: Services required to establish a Member and/or Covered Family Member as the guardian(s) or conservator(s) of a family member of either the Member or Covered Spouse. This service does not include fees for a court–appointed attorney for the child/conservatee.

This service is limited to one use per year.

Government Agency/Stepparent Adoption: Legal representation for a Member and/or Covered Family Member of up to the maximum shown in the Schedule of Services in a governmental agency or stepparent adoption. An uncontested adoption does not involve significant disputed issues. This service does not include: (1) contested termination of parental rights; (2) fees for a court-appointed attorney for the child; or (3) adoptions(s) made through any agency other than a governmental agency. A contested adoption requires more than five hours of attorney time and involves disputed issues.  

This service is limited to one use per year.

Juvenile Court Matters: Services related to the representation of the dependent child of a Member and/or Covered Family Member in any juvenile court proceeding, provided the child’s interest is not in conflict with the Member’s and/or Covered Family Member’s interest. This service does not cover any matter that falls outside the jurisdiction of juvenile court  or any matter that may be considered a felony.

This service is limited to one use per year.

Civil Litigation Defense

Civil Litigation Defense: Services related to the representation of a Member and/or Covered Family Member who is a named defendant in a civil lawsuit (non-business related), up to and including the trial thereof. This service does not include: (1) any debt collection or family law matters; (2) lawsuits normally handled on a contingent fee basis; or (3) matters for which the Member/Covered Family Member has or is required by law to have insurance.

This service is limited to one use per year.

Incompetency Defense: Services related to the representation of a Member in the defense of any incompetency action, including court hearings when there is a proceeding to find the Member incompetent.

This service is limited to one use per year.

Criminal Defense

Traffic Tickets: Services related to the representation of the Member and/or Covered Family Member in defense of any traffic ticket except driving under influence or vehicular homicide, including court hearings, negotiation with the prosecutor, trial, and counseling and preparing Member for self-representation at any hearings if chosen.

This service is limited to one use per year.

Serious Traffic Matters: Services related to the representation of a Member and/or Covered Family Member who is charged by governing authorities with moving traffic violation(s) and conviction could result in suspension or revocation of Member’s and/or Covered Family Member’s drivers’ license.

This service is limited to one use per year.

Administrative Proceeding: Services related to the representation of a Member and/or Covered Family Member in an administrative proceeding relating to the suspension or revocation of driving privileges.

This service is limited to one use per year.

Misdemeanor Defense: Defense of a Member and/or Covered Family Member in connection with criminal misdemeanor charges (not associated with any felony charge).  

This service is limited to one use per year.

Covered Services Endorsement

The Effective Date of this endorsement is the Effective Date of the Family Advisor Contract/Certificate to which this endorsement is attached. This endorsement is made a part of the Family Advisor Contract/Certificate to which it is attached. This endorsement is subject to all of the provisions and limitations of the Family Advisor Contract/Certificate. If there is a conflict between the Family Advisor Contract/Certificate and the endorsement, the terms of the endorsement will govern. The following is a list of Covered Services available, in addition to the services described in your Family Advisor Contract/Certificate of Coverage.

Financial Advisor

Financial Helpline: Consultation with legal or financial professionals by toll-free telephone during normal business hours. Calls can relate to investment strategies, debt matters, or any personal financial planning question.

Elder Law

Eligibility of Parents: Parents of the Member and the Member’s Spouse, regardless of age, are eligible for benefits under the Elder Law coverage described herein. Benefits cover Biological Parents, Step-Parents and Adoptive Parents.

Elder Law Benefits

Advice and Consultation

Legal Helpline: Member/Eligible Parent may receive advice and consultation by toll-free telephone with a Plan Attorney. Services are available during normal business hours. Calls can relate to any personal legal matter, civil or criminal.

Financial Helpline: Member/Eligible Parent will receive consultation by toll-free telephone during normal business hours. Calls can relate to investment strategies, debt matters or any personal financial planning question.

Document Preparation

Simple Will Preparation: Each Eligible Parent, as defined above, may receive one Simple Will per year at no charge. Plan Attorney will prepare the document and discuss the legal requirements for executing the Will. Simple Will means the will maker does not have a significant net worth and will not benefit from tax planning, or the estate is not subject to current state or federal estate taxation; the will maker does not own a business that will continue in operation after death; the will maker does not want to put restrictions on what heirs may do with the property; the will maker does not want to leave money to someone in a trust because the person cannot manage his or her own affairs (such as a mentally handicapped child), or does not want the property to be managed by a trustee for a period of time past the child’s age of majority, to age 25 or 30, for example; the will maker does not think that someone will challenge the will; and/or the will maker does not want to exclude any lawful dependents.

Living Will Preparation: Eligible Parents, as defined above, may request one Living Will per year at no charge. Plan Attorney will prepare the document as authorized by state law and discuss the legal requirements for signing the Living Will. A Living Will expresses an individual’s wishes as to the use or withdrawal of life support systems.

Additional Documents

Additional documents may be prepared for a minimal charge, up to once per year per Eligible Parent, as described above:

• Healthcare Directive – $45 fee per document
• Financial Power of Attorney – $45 fee per document
• Durable Power of Attorney – $45 fee per document
• Healthcare Durable Power of Attorney – $45 fee per document

Any 3 or more of the above documents may be prepared for a package cost of $115 per set.

Mediation

Consultation Services: Members receive one free thirty minute consultation with a licensed mediator every quarter. Topics include: domestic disputes, divorce or child custody proceedings, consumer problems, medical bill, warranties, loan disputes, auto accidents.

Mediation Counseling Assistance: Assistance is available to assist Members with understanding mediation and alternative dispute resolution. Examples of some topics are; charting projected lawsuit expenses, understanding when mediation might work, managing legal expenses in mediation, educational tools to make an informed decision, and advice on selecting mediator or other options. These services are designed to help Members deal with the increase in resolution pace.

Discounted Mediation Services: Member receives a 10% discount on Participating Attorney’s normal mediation fees. This includes hourly rates and flat fees. However, this does not apply to contingency fees.

Identity Theft Recovery Assistance

Coverage includes a basic Identity Theft HelpLine Service as well as a comprehensive Online Identity Theft Prevention and Assistance Service for Member, and Covered Family Members.

Advice and Consultation: Telephone consultations (4 per year) with a Trained Identity Theft Recovery Specialist.

Additional Benefits

a) Personal Recovery Kit – designed to walk a victim of identity theft step-by-step through the process of recovery (designed to be utilized in conjunction with the consultations with the Recovery Specialist).

b) Recovery Letter preparation by plan attorney – a plan attorney will draft the simple affidavits to submit to specific agencies and organizations needed to establish the theft of your identity and prevent further loss of your identity and credit rating.

c) Review of necessary recovery legal documents (up to 6 pages each).

Obtaining Services

Reimbursement for Services

1. Members must call the Member Service Center to confirm eligibility and coverage prior to consulting with any attorney.  The Member Service Center will assign a Participating Attorney to provide services relative to the matter.  Failure to notify the Member Service Center within thirty (30) days following consultation with an attorney may result in a denial of coverage.
2. To obtain services under the Managed Case Rules:
   • Members and/or Covered Family Member must secure a confirmation letter from the Member Service Center prior to proceeding with an attorney.
   • The attorney must provide a written estimate of fees reflecting his or her best judgment as to the likely conduct of the case.
   • We will set a maximum attorney fee that takes into account the reasonable level of reimbursement for the proceeding and the proposed litigation strategy.  Fees as a result of services in excess of the maximum attorney fee are the responsibility of the Member and/or Covered Family Member.
3. Members actively receiving services under this Legal Services Contract must remain enrolled and continue to pay fees hereunder.  All services will be subject to subrogation and coordination of benefit rules.
4. Upon completion of a Covered Service, the Member and/or Covered Family Member will be required by the Participating Attorney to sign a confirmation of completion.  Failure to sign the confirmation may result in denial of the reimbursement and the Member/ Covered Family Member will be responsible for all legal fees.
5. If the Member and/or Covered Family Member pays for pre-authorized services provided by a Non-Participating Attorney, the Member must submit a reimbursement form (provided by Member Service Center) accompanied by an original itemized bill, proof of payment and supporting documentation sufficient to demonstrate the work completed in the matter within sixty (60) days after incurring the legal fees.  Services provided to the Member and/or Covered Family Member for Covered Services are subject to the maximum as shown in the Schedule of Services.

Disputes Between Member and Covered Family Member

In the event that the Member and one of the Covered Family Members are involved as adversaries in a dispute that is a Covered Service, only the Member will be covered.

If two or more Covered Family Members are involved in a dispute that is otherwise covered, no coverage will be provided.

If two Members are involved as adversaries in a dispute that is a Covered Service, separate coverage for each Member will be provided.

Exclusions

The following services are excluded:

Appellate court proceedings, class actions, interventions, derivative action and amicus curiae filings.

The preparation and filing of individual, partnership or estate tax returns, appellate or administrative proceedings related to tax returns, litigation before the U.S. Tax Court, U.S. Court of Claims or any other federal, state or other courts with respect to tax matters.

Matters relating to securities, trademark or patent matters; business or commercial interests, including, but not limited to, professional, partnership and/or corporate matters; matters involving the law or laws of jurisdictions other than the United States and its territories and Canada; any matters involving a government (domestic or foreign) entity or agency except as specifically described under Covered Services; farm related issues; matters involving commercial or rental property transactions, including the purchase, sale or lease of investment or income-producing property. A two-family house, whether or not used by the Member as his or her primary residence, is deemed an investment or income-producing property.

Legal services that are fully paid for or provided at no cost by any governmental agency, organization or insurance company.

Matters that the attorney deems frivolous, spurious, harassing, or unethical (collectively referred to as “frivolous”) or otherwise prohibited by the Model Rules of Professional Conduct of the state in which the attorney is licensed.  

Costs associated with covered legal services, including but not limited to, all fines, court costs, penalties, sanctions, expert witness fees, bonds, bail bonds, attorney fees, exhibits, deposition costs, filing fees, transcripts, postage, telephone, photocopying, recording fees, messengers, judgments, jury fees, court reporter fees, investigative costs and all other incidental and out-of-pocket legal and litigation costs.

Any services on behalf of a Covered Family Member against the interests of the Member.

Any employment-related matter. This includes, but is not limited to, any dispute involving the Member’s employer or its affiliates, their officers or directors, the Member’s employee benefit plans, credit unions, programs or arrangements sponsored by an employer, or cases involving workers’ compensation, unemployment compensation, sex harassment, age discrimination, etc.

Any dispute or proceeding against the following persons or entities, their officers, directors, employees, or agents: any person or entity involved in the sale, marketing, administration or other processes related to the group contract / Certificate of Coverage; Legal Plan Administrator or its subsidiaries; Reimbursement Administrator or its subsidiaries; Contractholder; Member’s employer; Plan Sponsor; or any Participating and/or Non-Participating Attorney, if the dispute or proceeding pertains to services provided under the group contract / Certificate of Coverage.

The Certificate of Coverage will not provide services in connection with pre-existing matters, which includes any matter where the Member and/or Covered Family Member is on notice as to a pending legal dispute or has previously contacted an attorney, except when prior coverage under another Legal Plan provided by the Contractholder can be demonstrated.

Where there are specific hours or dollar amounts provide in this Schedule of Services, or where a maximum is set under the Managed Case Rules, the Member will be responsible for all attorney fees incurred over the maximum. Additional exclusions related to each service are included in the Covered Services.

Exclusions General Provisions

Attorney-Client Relationship

All attorneys are subject to the authority of the State Supreme Court and the State Bar of the state where they are licensed to practice. The Member’s relationship with an attorney is privileged and strictly confidential. We will not interfere in the attorney-client relationship, nor in the attorney’s independent exercise of his or her professional judgment. Attorneys are not certified specialists.

The Member shall authorize the Participating Attorney to provide the Legal Plan Administrator with information and supporting documentation on the number and type of services provided to the Member.

By using legal services that are provided under this Certificate of Coverage, the Members agree that neither We, nor the Contractholder, nor any other person involved in the marketing or administration of the group contract, shall have any liability for the acts, errors or omissions of an attorney providing services, in whole or in part.

Non-Participating Attorney Services

If the Member already has an attorney, the Member may prefer to use her/him as a Non-Participating Attorney. To do so, the Member must first contact the Member Service Center and notify the representative of his/her intention to use a Non-Participating Attorney for a Covered Service. The Member Service Center will send the Member a form to request reimbursement. The Member’s reimbursement will be based on the reimbursement schedule as shown in the Schedule of Services. If a Member already has an attorney at the time he/she becomes a Member, the Legal Plan Administrator can offer to negotiate with the attorney on behalf of the Member, but will not guarantee the Plan Discounted Rate will be accepted by the attorney or offered by the Legal Plan Administrator.

Legal Terminology

The Member or Covered Family Member may call the Member Service Center to obtain a definition or explanation of any term used herein.

Coverage Territory

The coverage territory includes the United States and United States territories.

Refund Provision

In the event that the payment mode is other than monthly and the group contract is terminated or the Member elects to terminate the coverage, a pro-rata refund will be made in accordance with the laws of the Contractholder’s state.

Termination and Cancellation of Coverage

Coverage provided to the Member shall terminate upon the first of the following to occur:

a. Cancellation or termination of the group contract;

b. If applicable, the Member fails to re-enroll;

c. The Member is no longer associated with Contractholder; or

d. The Member fails to remit payment when due, subject to the statutory grace period.

Coverage provided to a Covered Family Member of a Member shall terminate upon the first of the following to occur:

a. The Member’s coverage is cancelled or terminated; or

b. The family member ceases to qualify as a Covered Family Member as defined.

When coverage for a Member and/or Covered Family Member terminates and a matter is unresolved when coverage terminated, then any further legal work between said Member and/or Covered Family Member and the Participating Attorney shall be outside the scope and coverage of the Certificate of Coverage. The Participating Attorney shall not be obligated to provide any services under the Certificate of Coverage and any further legal services shall be based upon an independent and separate fee agreement entered into, if at all, between the former Member and/or Covered Family Member and the attorney. If such an agreement is not entered into, then the Participating Attorney may withdraw from any further representation in accordance with applicable law and State Bar standards.

Portability

The Member may continue coverage under this Legal Services Contract  by electing the option of portability when the Member no longer qualifies as an employee of the Contractholder or as a member of the group to which this Legal Services Contract is issued. The Member must apply for portability within sixty (60) days of this disqualifying event and make arrangements for payment. Portability coverage will take effect, subject to receipt of the initial payment, as of the date the Member’s coverage under this group Legal Services Contract terminates. Credit will be given for any applicable Waiting Period based on the number of months coverage was in force for the Member under this Legal Services Contract.

Conformed to Statute

Any terms of the Legal Services Contract that are in conflict with the statutes of the jurisdiction where issued, are amended to conform to the statutes.

Assignment of Benefits

The benefits provided under this Legal Services Contract are not assignable.

Miscellaneous

To obtain information or make a complaint:

You may call The LegalEASE Group’s toll-free telephone number for information or to make a complaint at 1-888-416-4313.

You may also write to The LegalEASE Group at:

5850 San Felipe, Suite 600

Houston, TX  77057

You may contact the Texas Department of Licensing and Regulation to obtain information on companies, coverages, rights or complaints at 1-800-803-9202.

You may write the Texas Department of Licensing and Regulation at:

P.O. Box 12157

Austin, Texas 78711

legalservicecontract@license.state.tx.us

Payment or Reimbursement Disputes:

Should you have a dispute concerning your payment or about a reimbursement, you should contact The LegalEASE Group first.If the dispute is not resolved, you may contact the Texas Department of Licensing and Regulation.

Legal service contract companies and their sales representatives are regulated by the Texas Department of Licensing and Regulation.

• Experience in the Legal Matter Needed
• Quality Time Spent in Consultations
• Years of Legal Training and Experience
• Up-to-date Legal Training Each Year
• Lawyers Who are Service-Oriented
• Lawyers Who Have a Solid Local Reputation in their Communities
• Exceptional Backgrounds
• Years of Courtroom and Trial Experience

• To comply at all times with the Rules of Civil Procedure and Criminal Procedure and the Rules of Professional Conduct applicable to the jurisdiction.
• To return member's calls promptly, within one business day, and communicate with members such that a member and the member's family do not voice substantiated concerns over promptness or frequency of your or your firm's communication.
• To not enter continuances, adjournments, or the like without the member's comfort and consent.
• To not arrange for substitutions or stand-ins unless the member has been previously advised and that the member understands that you remain responsible for the case and to contact you if there is any concern or if proceedings do not go as planned.
• To always respect a member, their needs and family.
• To maintain a professional office, in staffing and appearance.
• To fully explain yourself such that a member has an understanding for the reasons behind your recommendations and suggestions, even if a member may not hire your firm.
• To not complete any additional work that will result in a fee to the member, where not covered by the member's plan, until a fee arrangement is fully understood by the member and there is a written agreement.
• To help each member individually and ensure that everything you do is in the interest of the member.
• To notify LegalEASE if there is or may be the possibility of a conflict of interest or violation of ethical codes.
• To notify LegalEASE if there may be a misunderstanding or potential service issue where there may be a complaint without breaking any client confidences.
• To direct any grievances or concerns, such as process procedure or billing, to Legal Access and not a member.
• To not refer any member to another attorney without the knowledge and consent of Legal Access if you cannot assist.
• To take responsibility and uphold the highest standards of customer service delivered by any and all firm staff or employees that have interaction with members.
• To communicate and cooperate with LegalEASE on any concern, inquiry or issue and return any communication from Legal Access within one business day.