Certificate of Legal Services Coverage

CERTIFICATE OF
LEGAL SERVICES COVERAGE

This certificate is issued as evidence that the Covered Individual is entitled to receive benefits in accordance with and subject to all the terms and conditions of this Certificate and of the Legal Plan Agreement. Coverage extends to Covered Participant and Covered Dependent(s) as defined in this Certificate.

Standard Plan benefits are always available to all members of participating unions and organizations free of charge.

Gold Plan participants (who are committed to pay the monthly fee over two years and receive additional benefits) will have a 30-Day Free-Look Period. If you’re not completely satisfied after reviewing your Legal Plan Gold Certificate of Coverage, return your Legal Plan Gold ID card within 30 days of receipt to My Union Legal Plan, 225 Broadway, Suite 1902, New York, NY 10007, for a full refund of any money you have paid. If any of the services are used within the 30-day period, the opportunity for a refund and the right to opt out will be waived.

All participants remain eligible for Standard benefits as long as they remain members of the participating union or organization.

How to use the plan most effectively

1. All requests for Legal Services in connection with each new legal matter must be directed to the National Legal Plan Office.  Call 866-577-7770.
2. Call the Legal Plan Office before you sign any document or make any decision that may affect your conduct and have any legal consequences.
3. Always obtain a copy of anything you sign.
4. Always keep copies of contracts, bills, receipts and other documents in a safe place so they are available if you need them.
5. If you receive legal papers in the mail, call the  Legal Plan Office immediately for advice and an appointment.
6. If you have any doubts about the advice given to you by someone who sought to gain some benefit from you, call the  Legal Plan Office first, before you enter into any commitment.
7. If you cannot keep your appointment with the Plan’s attorney, please call the office to reschedule so that others may see the attorney at that time.
8. Before you leave your house to keep an appointment with the attorney, check to see if you have all the documents the Plan attorney will need to help you. If you are unsure about which ones will be necessary, call and ask before you leave.
9. Have patience! The legal process sometimes moves slowly. Rest assured, although you may not receive results as quickly as you might desire, your attorney is doing all that is possible within the legal system and will keep you informed periodically of the status of the matter.

Confidentiality

An attorney must follow certain rules, which are called the “Code of Professional Responsibility.” These rules require total dedication to the interest of the client, with zeal in maintenance and defense of the client’s rights. Thus you have the advantage of dedication, determination and the full defense of your rights while at the same time only the attorneys and staff of the law office will know anything about your legal situation.

No matter what type of case you may have, your lawyer cannot serve your interest without having all the facts. To permit your lawyer to advise or represent you adequately, you should completely inform the attorney of all the aspects of your situation, unfavorable as well as favorable.  Your relationship is confidential.

Your lawyer must see all the relevant documents, papers, contracts, leases, or receipts and bills that you have in your possession. These documents will be taken care of by your lawyer and will not be misplaced or destroyed.

An Attorney’s Professional Responsibility

The attorney’s services shall be provided in accordance with the professional and ethical standards expected of attorneys. In providing such legal services, the attorneys shall adhere to the rules of the Plan as established herein, and shall receive no further instructions, direction, or interference from anyone else — not your employer or your union — even if they contribute on your behalf to this Plan. Our obligations and relations as attorneys shall be exclusively with our clients. They shall maintain the confidentiality of the lawyer-client relationship in accordance with applicable canons of ethics.

Our attorneys will refuse to provide services in any matter they believe to be clearly without merit, repetitious or frivolous, or in which representation would be unethical, improper or inadequate.

OUTLINE OF PLAN BENEFITS
Service		Standard (Free)*	Gold Plan ($10/month)*
Phone Consultation		Free	Free
One Hour In-Person Consultation (2x/year)		Free	Free
Simple Letters for Client		$100	Free (2 per year)
Simple Phone Call for Client		Free	Free
Guaranteed Hourly Rate (except as below)		$225/hr	$200/hr
Workers’ Compensation		15% contingency	15% contingency
Small Claims Advice/Forms		Free	Free
Separation Agreement (uncontested)		$500	Free
Separation (contested)		$225/hr	$200/hr
Divorce – Uncontested (no separation agreement)		$925	$500
Divorce – Uncontested (including agreement)		$1,425	$500
Contested Divorce†		$225/hr	$200/hr
Premarital Contracts (participant only)		$225/hr	$200/hr
Annulment (uncontested)		$925	$500
Family Court Petition (custody, support, visitation)†		$250	Free
Support and Visitation Proceeding†		$225/hr	$200/hr
Family Court – intrafamily issues†		$225/hr	$200/hr
Custody Proceeding†		$225/hr	$200/hr
Paternity Proceeding		$225/hr	$200/hr
Real Estate Closings
…Up to $250,000		$750	$250
…$250,000 – $500,000		$1,000	$250
…Over $500,000		$1,250	$250
Mortgage Refinance		$400	Free
Identity Theft — review documentation		Free	Free
Traffic Violation (up to 2 appearances)		$400	Free (1 appearance)
Misdemeanor (including arraignment)‡		$500 (2 appearances)	Free (1st appearance)
Felony  – arraignment		$350	$250
DWI		$1,000	$750
Simple Will		$250	Free
Simple Trust in Will		$300	Free
Simple Reciprocal Will w/Trust		$300	Free
Probate and Administration of Estate		20% reduction	30% reduction
Contested Challenge – Estate		$225/hr	$200/hr

* Prices do not include filing fees or court costs, if any.  **Criminal Case        Providers may negotiate a flat fee if preferred
† Only participant covered, not spouse.
‡ Arraignments between 7:00 p.m. and 9:00 a.m. will incur charge of $500 on a Standard Plan and  $350 on the Gold Plan.

Service	Standard*	Gold Plan*
Personal Injury	10% reduction†	10% reduction†
Medical Malpractice	10% reduction	10% reduction
Disability Pension (public employee pensions)	$5,500	$4,500
Social Security Disability	25% cap	25% cap
Employment Discrimination	$225/hr	$200/hr
Wage and Hour Claims	contingency fee 25% cap	contingency fee 25% cap
Immigration/Naturalization
Consultation	Free	Free
Litigation/Petition	$225/hr	$200/hr
Bankruptcy (individual) – no asset	$1,500	$1,000
Bankruptcy (individual) – complex	$225/hr	$200/hr
Mortgage Foreclosure – short sale	$1,200	$900
Mortgage Foreclosure	$225/hr	$200/hr

Elder Law Rider ($10/month)
Legal Security Package	Free
Health Care Planning Consultation	Free
Estate and Tax Planning Consultation	Free
Minor’s Testimony Trust	$200
Complex Last Will/Testamentary Trust	$1,750 – $2,500
Living Trusts	$1,250
Medicaid Fair Hearing	$1,000
Medicaid Appeal	25% contingency cap
Deed with Life Estate	$250 plus recording fees
Family Court Representation – Medicaid lien	$1,750

Business Protection Rider ($10/month)
Collection Matters	25% first $2,000, 18% for balance
Maximum Fee – Attorney Services	$200/hr
Incorporation – Corporation or P.C.	$385
Purchase or Sale of Business	greater of $660 or 3% of business value
Shareholders Agreement	$745
Partnership Agreement	$745
Employment Contract	$165

* Prices do not include filing fees or court costs, if any.

† Reductions apply to pre-trial settlements. Reduction is off typical 33.3% retainer rate

 

Legal Benefits

There are no legal benefits or services provided by this Plan that are not stated in this Certificate.

1.      Unlimited Telephone Advice and Consultation With a Legal Plan Attorney – Simple Legal Letters Written (Gold Plan)* and Telephone Calls Made on Behalf of a Covered Individual. If, in the opinion of the  Legal Plan Office, the subject of the legal matter is of such scope and sufficient simplicity to lend itself to a clear understanding between attorney and Covered Individual and, in the opinion of the  Legal Plan Office, the best interest of the Covered Individual is served, the Staff Attorney in his or her sole discretion may dispense counsel and advise Covered Individual through telephone consultation and/or initiate telephonic or, for Gold Plan participants, written communication to third parties. [Note: This benefit only applies to the  Legal Plan Office. It does not apply to any Participating Referral Attorneys.]

All contact between a Covered Individual and the  Legal Plan Office must originate by way of a telephone call from the Covered Individual to the  Legal Plan Office. The  Legal Plan Office can be reached from any point within the continental United States by dialing the telephone number(s) listed on the back of the Legal Service Plan Identification Card.

2.      Personal Consultation. Covered Individual is entitled to two (2), one-hour, free initial office consultations with the  Legal national Office or aParticipating Referral Attorney. The consultation coupon(s) shall be valid only for the time period indicated thereon and shall be presented to the Attorney during the consultation. [Note: The consultation coupon(s) cannot be used to reduce “Plan Maximum Fees,” or for the preparation of a Will, Health Care Proxy, Living Will or Durable Power of Attorney, or for estate planning. Nor can the coupon be used for any services provided under the optional Elder Law and Business Protection Riders. Coupons may not be combined for any one particular legal matter.]

3.      Representation by  Legal Plan Office and Referral to Participating Attorneys – Guaranteed Hourly Legal Fees – Limited Document Review. After an Initial intake, the Legal PlanOffice may:

a.      refer Covered Individual to a Participating Referral Attorney who will have agreed by contract with the  Legal Plan Office to charge or bill Covered Individual no more than two hundred twenty-five dollars ($225) per hour (Standard Plan) or two hundred dollars ($200) per hour (Gold Plan), or a twenty percent (20%) reduction from the attorney’s usual hourly rate, whichever is lower, for legal work related to covered matters, except for Workers’ Compensation, Pension Disability, Social Security Disability, Probate matters,  Personal Injury cases, or other matters which have fee schedules stated in this section under Items #5 through #21, respectively; 

b.      act in the capacity of a Participating Referral Attorney, if the Covered Individual is in the general geographical area in which the  Legal Plan Office is located; or

c.       in response to specific limited questions regarding simple documents, three (3) pages or less (e.g., purchase agreements, loan agreements, lease agreements, real estate documents and written warranties), direct the Covered Individual to forward a document to  Legal Plan Office for review and a follow-up telephone consultation.

4.      Legal Security Package (Gold Plan Participants). The Covered Gold Plan Participant or his or her spouse or domestic partner is entitled to one (1) Legal Security Package per year. The Legal Security Package contains forms required to prepare a Health Care Proxy, Living Will, Durable Power of Attorney (long form) and Simple Will. All documents included in the Legal Security Package must be prepared for the same Covered Individual. You can obtain your Legal Security Package by printing it from the Administrator’s Web site, www.mylegalplan.net. If you do not have Internet access, contact the Administrator at 855‑560-1010 and a Legal Security Package will be sent to you.

Should you wish to have non-identical documents prepared for you and your spouse or domestic partner at no cost, you can get one set one year and the other set the second year of plan membership. If you wish to have non-identical documents drawn up at the same time, you can purchase the Elder Law Rider, which includes an additional Legal Security Package

With respect to the Simple Will benefit only, if a Covered Participant (Gold Plan) or his or her spouse or domestic partner has not used the Simple Will benefit in a plan year, the Covered Participant and his or her spouse or domestic partner are entitled to receive free Reciprocal Simple Wills in the consecutive plan year. This can be accomplished by checking the appropriate box on the Legal Security Package questionnaire.

5.      Plan Legal Fees (see Schedule). The legal service performed by Referral Attorney(s) in connection with the legal matters listed below shall be subject to the hourly rates set forth in Legal Benefits Item #3.

Legal Matter			Gold Maximum Fee	Standard Fee
Divorce (uncontested, without marital agreement)*			Free	$925
Divorce (uncontested, with marital agreement)*			$500	$1425
Annulment			Free	$925
Separation Agreement			Free	$500
Real Estate (sale or purchase of primary residence only)…up to $250,000			$250	$750
Real Estate (sale or purchase of primary residence only)…$250,000 – $500,000			$250	$1000
Real Estate (sale or purchase of primary residence only)…more than $500,000			$250	$1250
Refinance of Mortgage (primary residence only)			Free	$400
Traffic Violation			Free (1st appearance)	$400 (2 appearances)
Misdemeanor			Free	$750
Personal Bankruptcy – no asset (Chapter 7)			$1000	$1500
Foreclosure – short sale			$900	$1200
Name Change (uncontested)			Free (1st appearance)	$500 (2 appearances)
Driving While Intoxicated			$750	$1000
Commencement of Proceedings for Modification of Child Support (preparation of pleadings only)*			Free	$250
Office Consultation Re: Simple Will			Free	$250
Simple Promissory Note			Free	$200
Simple Trust			Free	$200
Simple Reciprocal Will with Simple Trust			Free	$300

 

6.      Family and Marital Relations – Contested and Uncontested. The Plan provides coverage only to the Covered Participant at the discounted hourly rate in all stages of both contested and uncontested actions for divorce, separation and annulment. This benefit also includes negotiation and preparation of separation agreements and property settlements. Moreover, the Plan covers actions and proceedings to enforce agreements and judgments that provide for alimony, child support, property rights, protective orders, custody and visitation.

The Plan’s attorneys will also represent the Covered Participant in connection with preparations of premarital contracts.

The Plan also covers representation of the Covered Participant in support, family offense, custody, adoption, and paternity proceedings in Family Court.

These benefits only cover representation of the Covered Participant. Covered Dependents are not covered under these benefits.

7.      Estates – Probate and Administration. In the event of the death of a Covered Individual, Participating Attorney(s) shall extend a thirty percent (30%) reduction (Gold Plan) or a twenty percent (20%) reduction (Standard Plan) of fee to the estate of the Covered Individual. The thirty percent (30%) reduction shall apply to the percentile contingencies (as applied to all assets that are included in the estate for estate tax purposes) set forth, for example, in the New York State Surrogates Court Procedure Act, Section 2307, for New York estates; or New Jersey Surrogates Act, Section 54:34-5C, for New Jersey estates; or the usual and customary fee of the Referral Attorney(s), whichever is less.

8.      Workers’ Compensation Cases. No fees will be charged unless benefits are recovered and will be capped at 15%.  The plan will provide representation should a claimant be retaliated against, and in connection with other work-related problems including the need for reasonable accommodation, without additional cost.

9.      Personal Injury Cases/Malpractice Cases. Contingency fee cases* arising out of negligence, breach of warranty or products liability, and accepted on a contingent fee basis by a Participating Referral Attorney, shall not be subject to the fee limitations set forth in Legal Benefits Item #5 but instead, Participating Referral Attorney(s) agree to accept as their fee in those cases the following reductions from the standard contingency fees approved by the Court of the applicable state.

• Fifteen percent (15%) reduction if case is settled prior to Examination Before Trial.
• Ten percent (10%) reduction if case is settled after Examination Before Trial or if settled prior to trial.

10.  Pension Disability/Pension/Social Security Disability. The Plan will provide representation at a capped cost of $4,500 (Gold Plan) or $5,500 (Standard Plan) to pursue disability pensions for public employees. Assistance with filing for all other pensions will be at no charge. Fees on Social Security Disability applications will be limited to an award of attorneys’ fees not payable by the participant. Representation on private sector pensions require application of maximum hourly rate.

11.  Employment Discrimination. A consultation, the filing of a charge at the  EEOC, NY State Division for Human Rights, or NYC Commission for Human Rights, or similar agencies in other states  will be without cost.  Subsequent litigation, should it be in an agency or a court, will be capped at an hourly rate of $225.  Where possible, court awards of attorneys’ fees will be pursued.

12.  Wage and Hour Claims. Claims that an employer failed to pay overtime or minimum wage will be pursued on a contingency fee basis.

13.  Immigration. Immigration and naturalization (citizenship) work will be provided at the guaranteed hourly rate.

14.  Criminal Cases.  A plan attorney will appear on misdemeanor arrests for a fixed fee (or free) and will appear on felony arrests (or free) for a fixed fee.  (See Chart) Traffic violations at a fixed fee for up to two appearances (or free) (see Chart).  Reasonable rates for ongoing representation, either on a flat fee basis or hourly basis will be available thereafter from experienced criminal attorneys accepting Plan referrals.

15.  Identity Theft. The  Legal Plan Office will provide advice to Covered Individuals on the Federal laws governing identity theft and will offer Covered Individuals comprehensive advice on how best to avoid having their identity stolen.

Covered Individuals who are victims of identity theft will be offered comprehensive advice and guidance on how best to proceed to reclaim their identity. This advice will include how to file a police report, what credit agencies to contact to place a fraud alert, and guidance on how to construct an appropriate dispute letter to any creditor or agency involved. This benefit shall be limited to advice only, and in appropriate limited circumstances may, in the professional discretion of the  Legal PlanOffice attorney, include the writing of up to two (2) letters per plan year.

16.  Debt Consolidation. Where appropriate, the Legal Plan Office will assist a Covered Individual with debtor/creditor issues, at the maximum hourly rate. Attorneys will advise Covered Individuals regarding their rights under the Federal Fair Debt Collector Practices Act, which governs collector practices. Attorneys will advise Covered Individuals on issues related to Chapter 7 and Chapter 13 bankruptcy alternatives. Where appropriate, attorneys will review a Covered Individual’s financial situation and relevant documents, and may contact the Covered Individual’s creditor to discuss options available to suspend interest, work out a payment plan and avoid collection lawsuit.

The above services may only be rendered prior to commencement of lawsuit by lender/creditor and shall not include representation in any matter in which a suit has been commenced. Such representation is subject to the hourly rate limitation for plan participants.

The aforementioned legal assistance may require Covered Individual to first provide the lender/creditor with written authorization as required by that lender/creditor.

17.  Mortgage Foreclosure. Where appropriate, the Legal Plan Office will assist Covered Individual with mortgage foreclosure issues at the maximum hourly rate. Attorneys will advise Covered Individual regarding his or her rights under the Federal Fair Debt Collector Practices Act, which governs collector practices. Attorneys will advise Covered Individual on alternatives to foreclosure including negotiation of loan where available, short-sale possibilities and Chapter 13 bankruptcy options. Where appropriate and available, attorneys will assist Covered Individual by reviewing relevant documentation and contacting his or her lender or creditor to discuss options available to avoid foreclosure or collection lawsuit.

The aforementioned legal assistance may require the Covered Individual to first provide the lender/creditor with written authorization as required by that lender/creditor.

Representation in a short-sale foreclosure (where the home is sold by the Participant) will be done for a set fee:  $900 for Gold Plan Participants and $1200 for Standard Plan Participants.

18.  Bankruptcies. No-asset bankruptcies will be available to Plan participants for $1000 (Gold Plan) or $1500 (Standard Plan). Complex bankruptcies will be done at the maximum hourly rate. The plan will have the discretion to decide whether a bankruptcy is complex.

19.  24-Hour Emergency Hotline. If Covered Individual is confronted with a situation that requires immediate legal advice or representation (after an arrest), he or she may call the emergency hotline to talk with an attorney after regular business hours. This emergency service may only be used in situations that cannot wait until the next business day, such as arrest, accident or assault. The Legal Plan emergency hotline number is 866-577-7770.

20.  Small Claims Protection. The Legal Plan Office will provide advice regarding procedure and evidence preparation for Small Claims Court matters.

21.  Regulatory Agency Referral. In matters where Legal Plan Office Attorney deems it appropriate, referrals will be made to the appropriate Federal, State or Municipal Agencies.

 Declination

The LegalPlan Office may decline to accept or refer any matter for a Covered Individual if the  Legal Plan Office determines the matter:

1.      is lacking sufficient merit to warrant pursuit.

2.      has been previously handled by retained legal counsel or matters where the individual represented himself or herself, or has been referred to a Participating Referral Attorney.

3.      has been raised to Staff Attorney an inordinate or unreasonable number of times without substantial change of circumstances.

4.      is in conflict with any third-party interest or other client interest.

Participating Referral
Attorney Declination

A Participating Referral Attorney may decline to accept any matter for a Covered Individual that such Participating Referral Attorney determines:

1.      is out of the area of his or her usual and customary practice.

2.      is in the Covered Individual’s best interest to retain other legal counsel.

3.      is in conflict with any third-party interest or other client interest.

4.      is lacking sufficient merit to warrant pursuit.

5.      has been raised to Participating Referral Attorney an inordinate or unreasonable number of times without substantial change of circumstances.

6.      is a preexisting matter that has been handled by an attorney or where the individual has represented himself or herself.

Continuation of Coverage

Any individual joining the Plan shall be entitled to the availability of legal services for the effective term of coverage. Upon termination of coverage, specific representation in progress shall be continued by the Legal Plan Office for a period not to exceed ninety (90) days from the date of such termination; and by a Participating Referral Attorney to the conclusion of a specific matter already in progress, at the legal fees stipulated in this Certificate for any case, item, matter or service then being performed.

Termination of Benefits

A Covered Individual’s eligibility will be considered to terminate:

1.      In the event the renewal contribution required for continued enrollment in the Plan has not been received.

2.      On the day following the expiration date noted on Covered Participant’s legal plan identification card, if the Covered Participant ceased to continue to qualify for participation in the Plan. A participant is qualified as long as the participant is a member in good standing of a participating union or organization.

Terms and Conditions

Benefits are provided under the following conditions:

1.      All requests for legal services in connection with each new legal matter must first be directed to the Legal Plan Office.

2.      All legal services must be for personal benefit as distinguished from business-oriented benefit of the Covered Individual. Business matters are all matters involving the pursuit of income. Business matters may be covered by purchasing the optional Business Protection Rider. (Refer to Business Protection Rider section for further details.)

3.      The Legal Plan Office shall have absolutely no responsibility, liability or obligation whatsoever in relation to the quality or quantity of legal work performed by Participating Referral Attorney(s) nor in relation to any communication whatsoever between Participating Referral Attorney and Covered Individual.

4.      Participating Referral Attorney’s fees for legal services together with any costs, disbursements and expenses paid or advanced by Participating Referral Attorney on behalf of Covered Individual shall be paid in full by the Covered Individual directly to the Referral Attorney.

5.      Hourly fees may be imposed for all time that an attorney incurs while representing a Covered Individual, including: court time, office time, telephone time, travel time, etc. Attorney(s) may require a retainer fee prior to delivering services.

6.      Matters wherein Participating Referral Attorney(s) may bill at their usual and customary rates subject to agreement with Covered Individual(s):

a.       Any appeal, class action, intervention and amicus curiae filings, or where the fee is provided by statute from any fund subjudice, or where the Covered Individual’s attorney’s fees are paid or payable by a party other than the Covered Individual.

b.      Except as otherwise set forth in the Legal Benefits Section of this Certificate, any legal matter which, in the opinion of Participating Referral Attorney, is subject to such attorney’s usual and customary client-attorney contingency fee arrangement.

7.      Gold Plan benefits require a one-year irrevocable employer (or equivalent payroll deduction).

Exclusions

All Covered Participants should know that if the Plan’s attorneys have represented your spouse in any other matter during which any of the Plan’s attorneys have received significant information about your spouse’s financial interests, that may cause a conflict of interest to exist.

The following items are specifically excluded and shall not be interpreted as included benefits, and no Covered Individual shall be entitled to receive an excluded benefit or service.

1.      Any legal matter arising outside the continental United States.

2.      Exclusions applicable to both  Legal Plan Office and Participating Referral Attorneys –

a.       Any case, item, matter or service involving an adversary relationship between parties or implied parties to the Legal Service Plan Agreement, including, but not limited to: Covered Individual, Contract Holder, any organization affiliated with Contract Holder or any organization with which Contract Holder is affiliated, Staff Attorney, Legal PlanOffice, Participating Referral Attorney(s), Administrator, Trustees of the Plan, Covered Individual’s collective bargaining representative, or Covered Individual’s employer, and any case, item, matter or service arising out of an employer-employee relationship where the employer is paying for an employee’s benefit (except as specifically set forth herein).

b.      Any matters relating to proprietorship, partnership, corporations or any business venture. (Refer to Business Protection Rider section for covered business matters.) Matters relating to Federal Court, patent, copyright, trademark, Securities Exchange Commission, tax matters, admiralty, foreign laws or other specialized areas of law.

c.       Fines, court costs, penalties, expert witness fees, telephone, postage, photocopy costs, disbursements and other related expenses are not covered by the Plan and shall be paid by the Covered Individual.

Optional Elder Law Rider

In consideration of the payment of the sum of one hundred twenty dollars ($120) per year (payable in installments of $10 per month), Covered Participant and Covered Dependent(s)* are entitled to the benefits described herein in relation to Elder Law matters. The Elder Law Rider may be purchased at any time by the Covered Participant by contacting the Administrator at 855‑560-1010. However, there shall be no proration of the additional fee where the Elder Law Rider is added during Covered Participant’s Plan year.

Introduction to Elder Law

In addition to the comprehensive services available through the basic legal plan, this rider extends legal services in the specialized field of Elder Law to the Covered Individual. Elder Lawyers can advise on State law and assist in putting a health and estate plan in effect, which can maximize eligibility for coverage of nursing home and home care costs while preserving one’s estate and assets. Elder Lawyers could also be of assistance if net worth exceeds $1 million and you reside in New York State or New Jersey (check your state’s estate tax exemption or call the  Legal PlanOffice for more details) or asset structure is unusually complex. The Legal Plan has contracted with this sector of the bar in anticipation of specific needs in this area of law. The attorneys who will provide the listed services specialize in the subject of Elder Law and health law, estate planning, wills, trusts, pre-nursing home planning, probate and conservatorship issues. They have distinguished themselves in the eyes of other attorneys and are known experts in the field of Elder Law. Many states do not permit attorneys to state they are specialists in a particular legal subject because, in most states, there are not specific certification procedures. Contrary to the custom of the medical profession, attorneys usually are not designated as “Board Certified Specialists” by the State.  In many states, it is therefore improper to advertise that one has a “specialty;” however, a highly respected attorney who substantially limit her practice to Elder Law issues is available with this rider.The Elder Law fee schedule is commensurate with the high level of experience this law firm’s attorneys have. The  Legal Plan Office attorneys will be pleased to discuss all issues concerning estate planning in an effort to determine if the services of one of this specialized firm is advisable for a particular case. In many cases, the involvement of a specialist may be unnecessary where a will is simple; however, the attorney from the  Legal PlanOffice will recommend the services of an Elder Law attorney when he or she believes it is advisable. Alternatively, one is free to ask for a referral.

Elder Law Attorney Fees

Through the Elder Law Rider, Elder Law attorneys’ usual fees are reduced by twenty-five percent (25%) by virtue of their contract with the legal Plan. The fees set forth herein are general guidelines only. When you are referred to a specific firm, the National Legal Office will advise you regarding that firm’s discounted billing rate. [Note: The guaranteed hourly legal fees and free office consultation described in the Legal Benefits section of this Certificate do not apply to this rider.]

Elder Law Rider Benefits

1.      One (1) Legal Security Package within a twelve (12)-month period.

As an added benefit for those purchasing the optional Elder Law Rider, the Covered Individual is entitled to one “Legal Security Package” in any twelve (12)-month period. The Legal Security Package consists of a Health Care Proxy, Living Will, Durable Power of Attorney (long form) and Simple Will.

To obtain the Legal Security Package, print it from the Plan Web site, www.myunionlegalplan.com; log in and use the Legal Security navigation tab on the left-hand side. If you do not have Internet access, contact the Administrator at 866-577-7770 and a Legal Security Package will be sent to you.

All documents included in the Legal Security Package must be prepared for the same Covered Individual. When the Elder Law Rider has been purchased, a Legal Security Package questionnaire will be included in the Plan fulfillment kit. Each document drafted in response to the completed questionnaire(s) will be prepared for named Covered Individual, addressing personal needs of same individual. A Covered Participant who has the Elder Law Rider may purchase additional Legal Security Packages for Covered Dependents directly from the  Legal Plan Office at a cost of sixty dollars ($60) for each Package.

2.      Free Elder Law Consultation

An Elder Law consultation is the heart of the relationship with the client and the source of legal strategies. It can be used:

a.       to ensure the client’s health care and financial wishes are carried out;

b.      to provide the best health care available, including, where appropriate, utilization of available government programs and resources (such as Medicare and Medicaid);

c.       to assist in the coordination of other community-based resources, such as private geriatric care managers and nonprofit agencies that service the needs of senior citizens; and

d.      to plan a strategy regarding estate and tax planning matters.

An Elder Law consultation generally includes the following:

a.       Financial review and analysis, including review of all assets, real and personal; how the assets are held; examination of all sources of income in addition to income produced by assets, including pension benefits, Social Security benefits, payments from annuities and other instruments such as trusts, contracts of sale, mortgage notes and other secured or non-secured obligations; review of all life insurance held, including the face value and cash surrender values thereof.

b.      Health Care insurance review, including an analysis of existing Medicare and Medicare Supplement benefits as well as Long-Term Care Insurance benefits.

c.       Health Care analysis, including review of existing conditions, inquiry into competency, review of discharge planning and available options, where appropriate.

d.      Review of current documentation including existing wills, trusts, powers of attorney, health care proxies and health care declarations.

e.       Summary of consultation and recommendations in letter format to client.

3.      Complex Last Will and Testament/Testamentary Trusts –

Average Fee with Discount…………………………………………………………………. $1,750 to $2,500

Complex Wills containing the following provisions commonly utilized in the Elder Law context are available as necessary:

a.      Federal Credit Shelter Trust: to preserve the unified credit of each spouse while providing for the financial care of the surviving spouse.

b.      Supplemental Needs Trust: to provide for the supplemental care of the surviving spouse or children. This is offered to take advantage of the federal provisions under the Comprehensive Omnibus Budget Reconciliation Act (COBRA), which permits discretion in testamentary trusts (something that is clearly not available in lifetime trusts). This form of trust permits the trustees to utilize the trust funds in a manner that supplements for the care provided by existing governmental programs rather than substituting for such care.

4.      Living Trusts

These lifetime trusts can be utilized for ordinary estate planning reasons (such as avoiding probate) or for more complex trusts for health care planning.

a.      Revocable Living Trust or QTIP Trust

            Average Fee with Discount………………………………………………………………………….. $1,250

Revocable Living Trusts are utilized for ordinary estate planning purposes.

b.      Irrevocable Living Trusts Average Fee with Discount…………………………………… $1,250

Utilized in health care planning, Irrevocable Living Trusts usually involve a stream of income to the Settlor of the trust or the Settlor’s spouse with remainder to the children, or possibly to the trustees of a trust created under the Last Will and Testament of the Settlor.

5.      Fair Hearing Average Fee with Discount…………………………………………………………… $1,000

In the event a Medicaid application is rejected, one is entitled to a “Fair Hearing.” This representation includes appearances at hearings as required; preparation of memorandum of law and/or brief, if necessary; affidavits; meetings and correspondence.

6.      Preparation of Application for Medical Assistance –

      Average Fee with Discount –

      Billed at hourly rates ranging from………………………………………………………………………. $250

Preparation, review or clarification of applications for Medical Assistance, and assistance with the filing of the application.

7.      Deeds Average Fee with Discount………………………………………………… $250 + recording fees

For estate planning purposes, it may be advisable for an Elder Law attorney to prepare a deed that retains a life estate and/or special Power of Appointment. These features are incorporated to avoid or reduce gift tax and capital gains tax as well as to protect assets from Medicaid.

8.      Family Court Representation Average Fee with Discount…………………………………… $1,750

To recover spousal income or defend suit against Department of Social Services that may result from a Medicaid Lien.

9.      Medicaid Appeal for Nursing Homes and Hospitals – Average Fee with Discount

Twenty-five percent (25%) of amount recovered.

NOTE: All additional correspondence, telephone communications, negotiations and coordination with geriatric care managers or social workers are billed at hourly rates, appropriately discounted. In addition, disbursements made on behalf of the client, such as long-distance telephone charges, facsimiles, photocopies, overweight postage, etc., are billed to the client at cost. All exclusions and qualifications of the basic Legal Plan apply to this rider as well.

Optional Business Protection Rider

In consideration of the payment of the sum of one hundred twenty dollars ($120) per year, Covered Individual is entitled to the following benefits in relation to business or professional matters. The Business Protection Rider may be added at any time by the Covered Participant. However, there shall be no proration of the additional fee where the Business Protection Rider is added during the Covered Participant’s Plan year. The Business Rider may be purchased by calling the Administrator at 855-560-1010. [Note: Free document review, consultation coupons, legal letters and telephone calls described in the Legal Benefits section of this Certificate do not apply to this rider.]

1.      Collection Matters – Attorney’s services in relation to business collection matters shall be provided on a reduced sliding scale, applicable to debts evidenced by proper written documentation.

a.       25% of first $2000 recovered ($25 minimum)

b.      18% of balance recovered

2.      Attorney Services – Attorney services for most business matters are covered and shall be provided at the reduced rate of two hundred dollars ($200) per hour.

3.      Maximum Fees – The following are subject not only to reduced hourly rates, but also to maximum fees for services rendered, regardless of time spent on the matter. All of the following rates exclude court costs and trial fees.

Business Protection Rider		($10/month)
Collection Matters		25% first $2,000, 18% for balance
Maximum Fee – Attorney Services		$200/hr
Incorporation – Corporation or P.C.		$385
Purchase or Sale of Business		greater of $660 or 3% of business value
Shareholders Agreement		$745
Partnership Agreement		$745
Employment Contract		$165
Per diem trial*		$225

* The reduced rate of two hundred twenty-five dollars ($225) per hour applies to attorneys’ services in relation to court proceedings pertaining to business and/or professional matters.

4.      Bankruptcy and Chapter 11 Advice – Attorneys will provide analysis and advice on the topic of Bankruptcy and Chapter 11 or other alternatives at the reduced rate of two hundred dollars ($200) per hour.

5.      Business Protection Rider Exclusions – The following types of matters are specifically excluded and no Covered Individual shall be entitled to receive any Plan benefits with regard thereto:

a.       Fines, court costs, penalties, Expert Witness fees, disbursements, telephone, postage, photocopying and other related expenses.

b.      Any matter not governed by the law of the United States, the Domiciliary State of Covered Individual or a subdivision of said State.

c.       Any legal service where the attorney is to be paid by contingent fee (except collection matters, which are specifically covered) or where the fee is provided by statute from any fund or where the Covered Individual’s legal fees are paid or payable by a party other than the Covered Individual.

d.      Any matter where the covered business has a right to defense or other legal representation through any policy of insurance or any other arrangement providing legal services to the Covered Individual.

e.       Filing of bankruptcy papers.

f.       Preparation, filing and advice in connection with tax returns and tax matters.

g.      Any matter related to federal, state, county or municipal filings, mergers, acquisitions, consolidations, reorganizations, mining, water, purchase or sale of real property, tax matters, immigration, patent, trademark, copyright, Admiralty Law, Federal Employees’ Liability Act, problems relating to the laws of international trade or of a foreign government, and corporate securities work subject to S.E.C. and certain state rules and regulations, pension and profit sharing.