Welcome
Benefits Proudly Offered to Resource System Group Employees
Be fully prepared and confident
with LegalGUARD
Learn about legal insurance, a smart option for your protection.
Product Presented By: Nationwide® 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.
Coverage
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.
Plan Cost
The LegalGUARD Plan is only $8.98 per pay period*, via payroll deduction.
*Based on a 24 pay deduction schedule.
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 age19 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.
PLAN COVERAGE COMPARED TO COSTS WITHOUT PLAN |
||
---|---|---|
ADVICE AND CONSULTATION |
LEGALGUARD PLAN COVERAGE |
TYPICAL COSTS WITHOUT PLAN |
LAW OFFICE CONSULTATION1 |
COVERED |
$0 TO $400 |
TELEPHONE CONSULTATION |
COVERED |
$0 TO $400 |
REVIEW OF SIMPLE DOCUMENTS1 |
COVERED |
$50 TO $400 |
CONSUMER |
LEGALGUARD PLAN COVERAGE |
TYPICAL COSTS WITHOUT PLAN |
DOCUMENT PREPARATION: |
COVERED |
$75 TO $250 |
SIMPLE DISPUTE RESOLUTION CORRESPONDENCE |
Covered | $75 TO $250 |
CONSUMER DISPUTE2 |
COVERED |
$200 TO $1,000 |
SMALL CLAIMS COURT REPRESENTATION1 |
FULLY COVERED UP TO 2 HOURS WITH REMAINDER AT 25% DISCOUNT |
$300 TO $800 |
WILLS AND ESTATE |
LEGALGUARD PLAN COVERAGE |
TYPICAL COSTS WITHOUT PLAN |
SIMPLE WILL OR CODICIL FOR: |
COVERED |
$150 TO $500 |
LIVING WILL OR |
COVERED |
$75 TO $250 |
PROBATE OF SMALL ESTATE1 |
FULLY COVERED UP TO 2 HOURS WITH REMAINDER AT 25% DISCOUNT |
$300 TO $1200 |
HOME |
LEGALGUARD PLAN COVERAGE |
TYPICAL COSTS WITHOUT PLAN |
Real Estate Closing4 |
Flat Rate $175 |
$350 TO $900 |
REFINANCING OF PRIMARY RESIDENCE |
COVERED |
$350 TO $900 |
TENANT DISPUTES1,2 |
Fully Covered up to $1,000 with Remainder at 25% Discount |
$500 TO $2,000 |
FINANCIAL |
LEGALGUARD PLAN COVERAGE |
TYPICAL COSTS WITHOUT PLAN |
DEBT COLLECTION DEFENSE: PRE-LITIGATION DEFENSE |
COVERED |
$500 |
DEBT COLLECTION DEFENSE: TRIAL DEFENSE1,2 |
Fully Covered up to $700 with Remainder at 25% Discount |
$2,000 |
BANKRUPTCY, CHAPTER 74 |
Flat Fee: $750 | $1,200 TO $3,000 |
FORECLOSURE1,2 |
Fully Covered up to $480 with Remainder at 25% Discount |
$1,500 |
TAX AUDIT1,2 |
Fully Covered up to $1,500 with Remainder at 25% Discount | $2,000 AND ABOVE |
CIVIL |
LEGALGUARD PLAN COVERAGE |
TYPICAL COSTS WITHOUT PLAN |
CIVIL LITIGATION DEFENSE1,2 |
Fully Covered up to $1,500 with Remainder at 25% Discount |
$1,500 AND ABOVE |
INCOMPETENCY DEFENSE2 |
COVERED | $1,500 AND ABOVE |
FAMILY |
LEGALGUARD PLAN COVERAGE |
TYPICAL COSTS WITHOUT PLAN |
UNCONTESTED SEPARATION1 |
FULLY COVERED UP TO 10 HOURS WITH REMAINDER AT 25% DISCOUNT | $800 |
CONSENT/DEFAULT DIVORCE1 |
FULLY COVERED UP TO 10 HOURS WITH REMAINDER AT 25% DISCOUNT | $500 TO $1,500 |
UNCONTESTED DIVORCE1 |
FULLY COVERED UP TO 10 HOURS WITH REMAINDER AT 25% DISCOUNT | $800 TO $1,500 |
CONTESTED DIVORCE1,2 |
FULLY COVERED UP TO $1,500 WITH REMAINDER AT 25% DISCOUNT | $1,500 AND ABOVE |
PRENUPTIAL AGREEMENT4 |
Flat Rate: 239 | $500 TO $1,500 |
NAME CHANGE |
COVERED |
$150 TO $400 |
GUARDIANSHIP/CONSERVATORSHIP1 |
UNCONTESTED: COVERED |
$500 TO $1,500 |
GOVERNMENTAL AGENCY ADOPTIONS1 |
UNCONTESTED: COVERED |
$500 TO $1,500 |
STEPPARENT ADOPTIONS1 |
UNCONTESTED: COVERED |
$500 TO $1,500 |
JUVENILE COURT PROCEEDINGS2 |
COVERED |
$1,000 TO $2,500 |
CRIMINAL |
LEGALGUARD PLAN COVERAGE |
TYPICAL COSTS WITHOUT PLAN |
TRAFFIC TICKET DEFENSE4 |
Flat Rate $89 | $500 TO $1,500 |
SERIOUS TRAFFIC MATTERS (RESULTING IN SUSPENSION OR REVOCATION OF LICENSE)2 |
COVERED |
$500 TO $1,500 |
ADMINISTRATIVE PROCEEDING (REGARDING SUSPENSION OR REVOCATION OF LICENSE)2 |
COVERED |
$500 TO $1,500 |
MISDEMEANOR DEFENSE2 |
Fully Covered up to $1,500 with Remainder at 25% Discount | $500 TO $1,500 |
ADDITIONAL BENEFITS |
LEGALGUARD PLAN COVERAGE |
TYPICAL COSTS WITHOUT PLAN |
IDENTITY THEFT RECOVERY COACHING3 |
COVERED |
NOT APPLICABLE |
FINANCIAL ADVISOR3 |
COVERED |
NOT APPLICABLE |
SIMPLE INCORPORATION4 |
Flat Rate: $239 | Not Applicable |
ELDER LAW3 |
COVERED | NOT APPLICABLE |
MEDIATION3 |
COVERED |
NOT APPLICABLE |
Managed Case Rules require the following:
- Member 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 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 Covered Family Member.
Definitions
Definitions
“CONTRACTHOLDER” - means the organization named on the first page of the Certificate of Coverage.
“COVERED FAMILY MEMBER” –means the Member’s spouse or domestic partner and Member’s dependent children, including stepchildren, legally adopted children, children placed in the home for adoption and foster children, up to age 26.
“COVERED SPOUSE” - means the Member’s lawful spouse or domestic partner at the time the contract is in effect.
“EFFECTIVE DATE” - means the date a Member’s coverage hereunder begins.
“LEGAL PLAN ADMINISTRATOR” – LegalEASE, its affiliates, officers, directors, employees, and/or agents, including third party organizations and their affiliates, officers, directors, employees, and/or agents, hired by LegalEASE to perform services under this Policy.
“MEMBER” - refers to the individual who is associated with the Contractholder and who has paid or a payment has been made 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 Plan 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 Benefits.
“WE”, “US”, “OUR” AND “COMPANY” - means the name of the company indicated on the first page of the Certificate of Coverage.
“CLAIMS ADMINISTRATOR” - means Co-ordinated Benefit Plans, LLC; 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.
“LEGAL PLAN ADMINISTRATOR” – LegalEASE, its affiliates, officers, directors, employees, and/or agents, including third party organizations and their affiliates, officers, directors, employees, and/or agents, hired by LegalEASE to perform services under this group policy / Certificate of Coverage.
“MEMBER” - refers to the individual who is associated with the Policyholder and who has paid or a premium has been paid on his/her behalf and who meets the eligibility requirements for Covered Services as defined by the Policyholder.
“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 Certificate of Coverage up to the maximum amount as shown in the Schedule of Benefits.
“PAID IN FULL” - means complete payment to a Participating Attorney for covered legal services.
“POLICYHOLDER” - means the organization named in the declarations page.
Covered Services
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 an 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 benefit), promissory note, consumer dispute correspondence, installment sales agreement, general power of attorney, lease agreement (tenant only), time share agreement, and simple affidavit. This benefit 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 benefit 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 benefit 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/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 benefit 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 benefit 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 Benefits.
Residential Matters
Real Estate Refinancing of Primary Residence: The services of an attorney for the 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 benefit 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 benefit 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 benefit is limited to one use per year.
Financial Matters
Debt Collection Defense: The defense of any dispute involving personal (non-business related) debt. This benefit 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 benefit 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 benefit 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 benefit does not include a defense against criminal charges nor the defense of civil tax litigation in any tax court. This benefit 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 Benefits 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 benefit 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 Benefits; 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 Policy provides coverage of contested matters and the benefit shall be in accordance with the Schedule of Benefits; or, (3) services relative to post-decree representation. 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 benefit 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.
Name Change: Services required to accomplish a legal name change for a Member and/or Covered Family Member. This benefit 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 another. This benefit does not include fees for a court –appointed attorney for the child/conservatee. This benefit does not include contested matters. This benefit 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 Benefits in an uncontested governmental agency or stepparent adoption. An uncontested adoption does not involve significant disputed issues. This benefit 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. If the amount of an attorney’s time for uncontested adoption exceeds the maximum shown in the Schedule of Benefits, or if the adoption becomes contested, coverage will terminate and the Member and/or Covered Family Member will be responsible for any additional legal fees. This benefit 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 benefit does not cover any matter that falls outside the jurisdiction of juvenile court or any matter that may be considered a felony. This benefit is limited to one use per year.
Civil Litgation 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 benefit 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 benefit is limited to one use per year.
Criminal Defense
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 benefit 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 benefit 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 benefit is limited to one use per year.
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.
Legal Protection Plan
The following Covered Services are covered at a flat rate or discount as shown below, when performed by a Participating Attorney.
Discounted Contingency Fees: When state laws set contingency fees: Lesser of 10% less than state law maximum fee or the Participating Attorney’s usual fee. When state laws do not set contingency fee: Maximum of 29% if settled before trial, 36% if trial is conducted, or 40% after an appellate brief is filed. Contingency rate discount applies in those cases where attorneys customarily take a case on a contingency fee, (an agreed upon portion of any recovery), depending on the outcome of the case.
Traffic Ticket Defense Flat Rate of $89: Traffic defense generally includes the preparation of court documents and attendance at on a one-time only court hearing to settle the issue. Does not include court costs, fines, additional hearings or other related expenses. Does not apply in jurisdictions that consider traffic offenses to be criminal matters.
Preparation of Prenuptial Agreement Flat Rate of $239: This service covers the preparation of an agreement by a Plan 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 Plan Member. The fiancé/partner must have separate counsel or must waive representation.
Bankruptcy Flat Rate of $750: This service includes preparation of the petition, documents, and schedules for Chapter 7 Bankruptcy filing. Filing fees, court appearances and costs are additional. Attorneys have the option to offer you a single fixed rate which would include the basic fixed fee plus costs, court time and expenses.
Real Estate Closing Flat Rate of $175: This service includes reviewing purchase or sale agreements, one hour of telephone consultation, and a one hour appearance at closing for the purchase or sale of residential real estate not used for business or investment purposes. Title policy, other documentation and extended consultation is an additional charge.
Simple Incorporation Flat Rate of $239: This service includes preparation of the incorporation documents, articles of incorporation, bylaws, and minutes. Does not include filing fees, costs or corporate kit. Any extended work for the new corporation is not eligible for family plan discounts.
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 coveragedescribed 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.
Power of Attorney Preparation: Eligible Parents, as defined above, may request one POA per year at no charge. Plan Attorney will prepare the document as authorized by state law and discuss the legal requirements for signing the POA.
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
Any 3 or more of the above documents may be prepared for a package cost of $115 per set.
Identity Theft Prevention/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 (10 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
Claim for Benefits
- 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 benefits.
- To obtain benefits 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.
- Members actively receiving services must remain enrolled and continue to pay premium hereunder. All benefits will be subject to subrogation and coordination of benefit rules.
- 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 claim and the Member/ Covered Family Member will be responsible for all legal fees.
- 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. Benefits provided to the Member and/or Covered Family Member for Covered Services are subject to the maximum as shown in the Schedule of Benefits.
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 benefits 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; 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 policy; Legal Plan Administrator or its subsidiaries; Claims Administrator or its subsidiaries; Policyholder; Member’s employer; Nationwide Mutual Insurance Company and it’s parents, subsidiaries or any affiliated or successor company, plan underwriter or reinsurer; Plan Sponsor; or any Participating and/or Non-Participating Attorney, if the dispute or proceeding pertains to services provided under the group policy / Certificate of Coverage.
The Certificate of Coverage will not provide benefits 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.
Where there are specific hours or dollar amounts provide in this Certificate of Coverage, 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 benefit are included in the Covered Services.
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 benefits that are provided under the group policy / Certificate of Coverage, the Members agree that neither We, nor the Policyholder, nor any other person involved in the marketing or administration of the group policy, 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 claim form to request reimbursement. The Member’s reimbursement will be based on the reimbursement schedule as shown in the Schedule of Benefits. 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.
Premium Refund Provision
In the event that the premium mode is other than monthly and the group policy is terminated or the Member elects to terminate the coverage, a pro-rata premium refund will be made in accordance with the insurance laws of the Policyholder’s state.
Termination and Cancellation of Coverage
Coverage provided to the Member will terminate upon the first of the following to occur:
- Cancellation or termination of this Policy;
- If applicable, the Member fails to re-enroll;
- The Member is no longer associated with Policyholder; or
- The Member fails to remit premium when due, subject to the statutory grace period.
Coverage provided to a Covered Family Member of a Member will terminate upon the first of the following to occur:
- The Member’s coverage is cancelled or terminated; or
- 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 Policy. The Participating Attorney shall not be obligated to provide any benefits under the Policy 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.
After this Policy has been in effect for sixty (60) days or more, it may be cancelled for one of the following reasons:
- Nonpayment of premium by Policyholder for covered Members;
- Fraud or material misrepresentation affecting this Policy or in the presentation of a claim thereunder, or violation of any of the terms or conditions of this Policy; or
- Substantial increase in hazard provided that cancellation for this reason will be effective only after prior approval of the commissioner.
The Company will provide written notice of cancellation to the Policyholder at least [sixty (60)] days prior to the effective date of such cancellation by certified mail. Such notice need not be given if substantially similar replacement coverage takes effect without interruption and is provided by the Company. If the Company cancels for non-payment of premium, the Company will provide written notice of cancellation to the Policyholder at least fifteen (15) days prior to the effective date of such cancellation by certified mail or certificate of mailing. All notices will state the reason for cancellation. The Policyholder is responsible for notifying the Members of cancellation. After this Policy has been in effect for one year, the Company may non-renew the coverage only if notification has been sent to the Policyholder by certified mail at least forty-five (45) days in advance of the expiration of coverage.
Portability
The Member may continue this insurance by electing the option of portability when the Member no longer qualifies as an employee of the Policyholder or as a Member of the group to which the group policy is issued. The Member must apply for portability within sixty (60) days of this disqualifying event and make arrangements for premium payment. Portability coverage will take effect, subject to payment of the initial premium, as of the date the Member’s coverage under the group policy terminates. Credit will be given for any applicable Waiting Period based upon the number of months coverage was in force for the Member under the group policy.
Conformed to Statute
Any terms of the group policy / Certificate of Coverage 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 group policy / Certificate of Coverage are not assignable.
Network
About the Network of Attorneys
- 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.
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