Family Legal Plan Planmember Guidebook
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5
Part One - Section 4
DEFINITIONS & MISCELLANEOUS INFORMATION
DEFINITIONS
Please read this section carefully to be sure of
all of your benefits.
BANKRUPTCY CHAPTER 7 includes preparation
of the petition, documents, and schedules. Filing fees,
court appearances and costs are additional. Attorneys may
charge one fixed rate which would include the basic fixed
fee plus costs, court time and expenses.
CORPORATION (REGULAR) includes preparation
of the incorporation documents, articles of incorporation,
by laws, and the minutes. Does not include filing fees,
costs or the corporate kit. Any extended work for the new
corporation is not eligible for family plan discounts.
DIVORCE (SIMPLE) is when the plan member's
spouse is not represented by separate counsel, there are
no minor children under age 18, marital assets are less
than $70,000 and all issues are agreed to without aid of
counsel. This does not include court appearances, the filing
or preparation of documents affecting property or costs,
or separation agreements.
ELIGIBLE FAMILY MEMBERS are the plan
member's significant other and unmarried dependent children
household who are under the age of 23 and any categorically
dependent individuals living in the plan member's home.
NAME CHANGE obtaining name change for
plan members and eligible family members where it is not
contested or challenged. This includes preparation and
filing of documents only. Court representation,
filing fees and costs additional.
NON-COMMERCIAL REAL ESTATE CLOSING includes
reviewing purchase or sale agreements, one hour of telephone
counseling, 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 counseling (if any) is an additional charge.
NON-SUPPORT (SPOUSE/CHILD) includes the
preparation for and the attendance at a single hearing
for judgments or contempt citations for non-payment of
alimony, child support or maintenance and one hour of collection
efforts after the hearing. Preparation does not include
obtaining or discovering evidence, extended court time,
and extended collections work.
PLAN/PARTICIPATING ATTORNEYS are licensed
and qualified to practice law in your state, are required
by the company to maintain professional liability insurance,
and have contracted with Legal Club of America to provide
legal services to plan members as outlined in this Plan
member Guidebook for the law areas that they handle and
the cases that they accept.
PLAN MEMBER is any person who has contracted
with the Legal Club of America for a membership in the
plan and has a current paid membership.
SIMPLE WILL (NO CHARGE WILL) a will
distributing personal property and homestead generally
and not involving trusts, specific bequests, real estate,
tax matters, guardianships, living wills, health care proxy,
or partitions.
TRAFFIC DEFENSE generally includes the
preparation of court documents and attendance at 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.
WILL WITH SIMPLE MINOR'S TRUST a simple
will with a minor's trust for the surviving minor children
of the planmember. This will is eligible for the guaranteed
low fixed fee. It does not cover other kinds of trusts,
complex tax matters, administration or estate planning.
These additional estate planning matters can be handled
under the guaranteed low hourly rate.
MISCELLANEOUS INFORMATION
Participating attorneys are bound by their state's professional code of
ethics. They will advise you if they have a conflict of interest in taking
your case. Attorneys have the inherent right to decline a case for any
reason. If this occurs, you may be referred to another attorney on the
plan by calling the customer service center of Legal Club of America® for
assistance.
The Legal Club of America® reserves the right
to terminate your membership if you are delinquent in paying
your membership fee. Also, Legal Club of America® may cancel
your membership only after ten days notice to you. Further,
you may cancel your membership at any time by written notification
only. Membership dues are fully refundable for thirty (30)
days following the initial enrollment unless otherwise
contracted.
Membership fees, terms, and fees charged
by plan attorneys are subject to change only after prior
notice to the plan member.
Attorney fees are paid directly to your plan
attorney. Participating attorneys are not employees of
Legal Club of America and have no financial obligation
to the company.
Legal Club of America® is not liable to indemnify
or reimburse any plan member or participating attorney
for any attorney fees or costs generated by the plan member.
The plan member is to use the plan for personal
and family legal services only and not for businesses owned
by the plan member or for investment matters. Legal work
for any corporation or business entity is available at
discounted rates through the legal Club of America Small
Business Legal Plan.
The penalty for deceiving the Legal Club
or any plan attorney for the purpose of utilizing the plan
for a non-eligible family member is automatic termination
of plan privileges and immediate notification to the plan
attorney about the termination.
Legal Club of America® Corporation, its
subsidiaries, State Bar Associations and other regulatory
agencies do not guarantee the quality or quantity of legal
services that are provided by plan attorneys. However,
all participating attorneys are checked by the company
with the attorney's respective Bar Associations periodically,
not less than annually, to verify that they are in good
standing.
The plan attorneys in their attorney/client
relationship have the sole responsibility for providing
legal services to the plan member.
Legal Club of America® Corporation, is not
a law firm, insurance carrier or a provider of legal services.
Plan members have the right to file a grievance concerning any attorney's
professional conduct with the proper regulatory authority in their state.
All memberships shall automatically renew
at the end of each membership term, unless Legal Club is
notified in writing at least thirty (30) days prior to
the end of the term.
The term "guarantee" as used in this guidebook
refers to the guarantee that Legal Club of America® will
find and refer its members to an attorney that will abide
by the fee schedule outlined herein. If Legal Club of America® cannot
find such an attorney for a member, the member's only recourse
is a refund of their membership fee.
Legal matters in states where Legal Club
is not available. Plan privileges and pricing schedules
may vary by State in accordance with regulatory authority
mandates.
Court filing fees, expert witness fees, court
costs, court reporter fees, transcript expenses, photocopying
costs, postage, telephone toll charges and any other incidental
expenses incurred by the plan member are excluded from
discounted rates under any of the three pricing formulas
described in this guidebook. Travel expenses are not eligible
at discounted rates when the attorney must travel to represent
a plan member's interests.
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