NEW JERSEY LAW ENFORCEMENT SUPERVISORS ASSOCIATION PREPAID LEGAL SERVICES PLAN (CIVIL) THE LAW OFFICES OF FRANK M. CRIVELLI, L.L.C.
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1 NEW JERSEY LAW ENFORCEMENT SUPERVISORS ASSOCIATION PREPAID LEGAL SERVICES PLAN (CIVIL) THE LAW OFFICES OF FRANK M. CRIVELLI, L.L.C. I. COVERAGE & ELIGIBILITY Participants and Dependents are defined herein as eligible for coverage by the Plan. A. DEFINITIONS OF ELIGIBLE PERSONS 1. A Participant is a Member in good standing of the New Jersey Law Enforcement Supervisors Association (NJLESA) and one who has paid to the Law Firm the yearly remittance. 2. Dependents: (a) (b) (c) (d) A spouse of a Participant is covered if he/she resides in the same household. Unmarried children (including adopted, step, and foster) under age Nineteen (19) who have the same residence as Participant and children over the age of Nineteen (19) who are physically or mentally handicapped and are dependent upon the Participant for support and resides with the Participant. Widows, widowers or children of a deceased Participant (eligible at the time of death) shall be covered for Six (6) months after the death of Participant. After said six months, the parties shall be eligible to join the Plan at current rates. If a Participant becomes deceased in the performance of his or her duties as a Supervisory Law Enforcement Officer, his or her spouse shall be covered under this Plan as long as said spouse desires free of charge.
2 B. COVERAGE 1. Participants and Dependents as defined above are covered by this Plan. 2. Participants covered under any other prepaid legal service plan are not eligible for coverage under this Plan until all the benefits of the other plan are exhausted. 3. Where a legal controversy exists between two New Jersey Law Enforcement Supervisors Association members and both are eligible for services under this Plan, one or both participants will be referred to an alternate attorney. All reasonable fees to a total maximum of $ for each referred Participant will be paid to the outside attorney(s) in such matters. 4. Where a legal controversy exists between the primary Participant and his spouse or other dependents, then the Plan attorneys will provide the services under this Plan only to the primary Participant and not to his dependents. 5. Coverage does not include collateral legal benefits provided to Participant or Dependents for which no fee is charged where such benefits are provided by virtue of any insurance policy or other means. However, the Participant or his Dependents will be covered where any insurance policy may be insufficient to protect the full extent of his/her interests. 6. Any member in good standing with the New Jersey Law Enforcement Supervisors Association, who was a Participant in this Plan in a prior year, but is not a current Participant, will not be eligible for any legal services under this Plan for the years in which he or she was a Plan Participant due to the interruption of service. EXAMPLE: A Member is a Plan Participant for the year 2007, but not a Plan Participant in The prior participant is
3 not covered in 2008 or subsequent years for any legal matter issue or dispute that occurred or arose in C. PERIOD OF COVERAGE. 1. Coverage shall commence on the first of the month subsequent to your yearly remittance to the Firm, or first payment if said payment is made by way of payroll deduction. If paid on the first of the month coverage commences at that time. D. COVERAGE TERMINATION. 1. As of the date yearly remittance on behalf of the Participant, or monthly payroll deductions are no longer made to the Firm. 2. Matters pending after termination of coverage shall be concluded subject to applicable limitations. E. PLAN JURISDICTION F. COSTS 1. Participants and their dependents are covered for all matters exclusively within the State of New Jersey. 1. Participant(s) and/or Dependents are responsible for all costs, expenses and fees in all matters. Said amounts shall be payable in advance as specified within this document. II. NON LITIGATED MATTERS The following legal services are provided in this Plan in non-litigated matters. You may seek advice on any subject of a legal nature from any attorney within the firm. A. CONFERENCES AND NEGOTIATIONS Includes:
4 1. Meeting with adverse or associated parties, their attorneys or representatives; 2. Negotiations; 3. Such other methods in an effort to resolve claims or problems short of mediation, arbitration, or litigation. B. INVESTIGATION AND RESEARCH Including the gathering or ascertainment of: 1. Relevant facts; 2. Evidence; 3. Statement of witnesses; 4. Pertinent information. C. LETTER WRITING AND DOCUMENT DRAFTING THIS SERVICE INCLUDES EXAMINATION AND/OR PREPARATION OF: 1. Contracts for purchase of personal property. 2. Contract for sale of personal property. 3. Transfers of personal property. 4. Assignments of personal property. 5. Releases. 6. Documents in connection with a real estate settlement. 7. Review of home improvement documents. 8. Review of retail installment contracts. 9. Review of Warranties for goods and services. 10. Appropriate attorney s letters. 11. Examination of residential leases where Participant is a tenant. 12. Powers of Attorney. 13. Wills that do not contain Trust instruments.
5 D. REAL ESTATE CLOSINGS RESIDENCE OF PARTICIPANTS 1. For the purchase of residential property, with one mortgage, the Participant will pay a fee of $ plus expenses. 2. For the sale of residential property or the refinancing of same, the Participant will pay a fee of $ plus expenses. 3. The cost of commercial real estate transactions and business ventures will be quoted on an individual basis after review of the contract(s) or proposal(s). Real Estate closings include: (a) Sale or purchase of residential property: (b) Mortgage closing on purchase. (c) Refinance of Mortgage The Participants or Dependents shall pay: 1. All recording fees; 2. Local, State and Federal taxes; 3. Title Insurance fees; 4. Bank or lending institution fees where applicable; 5. Other actual costs as required. All costs and expenses shall be paid in advanced or at the time of closing. E. WILLS AND CODICILS Preparation and review of wills and codicils as needed. There will be an additional charge of $ per hour for preparation of wills
6 that include trust instruments, or estates valued over one million ($1,000,000.00) dollars. III. LITIGATED MATTERS. The following legal services are provided in this Plan in litigated matters. Litigated matters shall include civil court and administrative agency proceedings. A. CIVIL LITIGATION 1. Defense of Participants and Dependents in all matters. 2. Representation of Participants and Dependents in all claims exceeding $1, Personal assignment for the benefit of creditors. 4. Licensing to include: a. Obtaining; b. Defending suspension c. Defending revocation. d. Professional licensing matters shall be charged at $ per hour. 5. Insanity or Infirmity. 6. Administrative agency benefits claims. 7. Residential Landlord/Tenant Matters. For services listed in III.A.1-7, a retainer of $1, must be supplied by Participant (Attorney fees and expenses). Participant will be billed at $ per hour (no consultation fee). 8. Estate matters where the Participant is an heir, executor or administrator.
7 a. Probating wills; b. Assistance in preparing estate tax returns; c. Obtaining letters of guardianship. In the probate of any estate there will be a charge of $ per hour. 9. Uncontested Divorces: a. 100% coverage (no per hour fee) b. A Costs retainer to be supplied by Participant in the amount of $ (Filing fees, Travel Expenses, Mail, Faxes, Copies) Definition of Uncontested Divorces: 10. Contested Divorces: a. No negotiated agreement b. No support or alimony negotiated or motion for same. c. Both parties agree to dissolution of marriage. d. No court required except for the divorce itself. Retainer of $1, must be supplied by Participant (Attorney fees and expenses).participant will be billed at $ per hour (no consultation fee). 11. Post Divorce Judgment Enforcement: $ per hour. Retainer of $ to be supplied by Participant as agreed upon. (no consultation fee) 12. Domestic Violence Retainer of $1, to be supplied by Participant Matter will be billed at $ per hour (no consultation fee).
8 13. Child support, custody, paternity, and other non divorce and family cases Retainer of $ to be supplied by Participant Matter will be billed at $ per hour (no consultation fee). On all civil matters that are billed on an hourly basis, Participant will be billed on a monthly basis with payment due upon receipt of said bills. An hourly retainer agreement will be executed by participant and the terms of said agreement will govern and control the attorney client relationship. B. CRIMINAL LITIGATION. Includes: 1. Expungement of criminal records - $ per hour 2. Non-indictable offenses including disorderly person s violations and petty disorderly person s violations. 3. Indictable offenses are to be paid at $ per hour with a retainer of $1, supplied by Participant. 4. All Motor vehicle violations excluding parking summonses, billed at a flat fee of $ If more than one court appearance is required to resolve the matter, there will be an additional charge of $ per court appearance. If the case proceeds to trial, there will be an additional $ trial fee. DWI violations are to be billed at $ per hour with a $ retainer supplied by Participant. Legal fee for DWI shall not exceed $1, for first and second offense charges. 5. Appellate matters - $ per hour with a retainer of $1, supplied by Participant.
9 C. ADDITIONAL SERVICES AND FEES. 1. Representation in the following matters is on a contingent fee basis: 2. Land Use (a) Worker s compensation; (b) Negligence; (c) Accidents-Automobile, Fall Down, Product Liability, etc.; (d) Condemnation proceedings. Governmental agency taking private property for public use. (e) Employment related claims to include discrimination, unlawful termination, sexual harassment, FMLA Claims. The determination of the existence of a viable claim as defined under New Jersey and Federal Law is left solely to the discretion of the representing attorneys. 3. Commercial or business transactions. 4. Class actions, intervention, amicus curiae filings; 5. Non residential real estate transactions. 6. Personal and/or Business Bankruptcies or failures. There will be a 25% discount on legal fees associated with C. 1 through 6 above, except Worker s Compensation fees which are statutorily set at 20% of the recovery. The 25% discount is deducted from the standard fee schedule for contingency fee cases as established and permitted by New Jersey Court Rules /3 % on the first $500,000 recovered; 30% on the next $500,000 recovered; 25% on the next $500,000 recovered; 20% on the next $500,000 recovered; Any amount over $ 2 million the Judge will decide;
10 The fees for non contingent matters on the services set forth in C.1 through 6 will be quoted on an individual basis after review of the facts and circumstances of the matter. IV. EXCLUSIONS AND LIMITATIONS OF SERVICE 1. Income tax preparation. 2. Collateral Legal benefits provided to Participant or Dependents for which no fee is charged, where such benefits are provided by virtue of any insurance policy or other means. 3. Matters wherein services are already being provided by another attorney other than the Plan attorneys. 4. Matters involving as adverse parties any of the following: a. Participant or Dependent except as otherwise provided herein. b. National, NJ State, and local lodges of police and law enforcement fraternal and benevolent associations. c. Employer (see number 5. Below) 5. All matters, which are connected with employment Any matter that occurs on the job or is filed against the Participant by the employer or Participant files against employer. Third party suits against Participant while in the performance of job related activity. Such representation will be covered under the Line of Duty, Legal Defense Plan. V. MISCELLANEOUS MATTERS: A. RETAINERS 1. Retainer Agreement. All Participant(s) and Dependent(s) who have legal matters under this Plan, pursuant to law must execute a Retainer Agreement with the attorney for the Plan setting forth the type of matters involved and the fee structure if any.
11 2. Retainer Fee. Retainers set forth throughout this Plan shall mean a legal fee or part thereof which is paid in advance and applied against the hourly fee. If hourly fees results in a lower fee due from Participant or Dependent, then the difference shall be returned. B. COMPLAINTS If Participants or Dependent has a complaint regarding the services rendered by the Plan attorneys, he/she may file a written complaint setting forth all the facts to the Executive Board of the New Jersey Law Enforcement Supervisors Association. The Executive Board shall investigate the complaint and give a final decision or recommendation with respect to said complaint. Both the Participant and the Law Firm shall agree to be bound by said decision or recommendation. Nothing in this section of the agreement shall be intended to limit the Participant s rights to dispute fees and file complaints as provided by the Supreme Court of the State of New Jersey. C. BENEFITS AND SERVICES The Services provided for herein are for the sole benefit of Participants and their Dependents. Such service shall not inure to the benefit of, nor vest in, any other person or entity and are not assignable. D. SUBROGATION The Plan shall be subrogated to all rights of a Participant or Dependent to recover attorney s fees and costs with respect to matters for which services were provided under this Plan. E. ETHICAL STANDARDS The services provided for herein shall be provided by the attorneys in accordance with the professional and ethical standards required of attorneys. Participants and Dependents shall be considered clients of said attorneys and shall receive no instructions or directions from any other person with respect to the manner of representation. The
12 attorneys professional obligations shall be exclusive with such Participants. F. EXERCISE OF DISCRETION The Plan attorneys shall be free to exercise the right to refuse to provide legal services or representation for any matters, which they believe to be clearly without merit, frivolous, or which present a conflict of interest. Conflict of interest matters may be referred to outside attorney(s). See page 1, B 3. G. REFERRALS In the event Participant or Dependent has a problem, which is not covered, upon request by the Participant or Dependent, the plan Attorney may arrange to handle the matter on a reasonable fee basis. In no event is Participant or Dependent obligated to avail himself of such service. H. ATTORNEY-PARTICIPANT RELATIONSHIP Any attorney providing legal services under this Plan will have an attorney-client relationship with the individual Participant or Dependent receiving the legal services. The Plan attorneys have the same exclusive professional duties and obligations to Participants or Defendant as would be required with any other Participant who would normally retain the attorney on a private fee basis. Any attorney providing legal services under the Plan shall maintain the confidentiality of the attorney-participant relationship in accordance with applicable professional standards. I. MEMBERSHIP Membership shall be open to all active and associate members of the New Jersey Law Enforcement Supervisors Association. Retired members for purposes of this Plan shall be considered active members. Associate Members are individuals that are affiliated with and approved by the New Jersey Law Enforcement Supervisors
13 Association and have paid the current fees and/or dues to said FOP Lodge. This Plan shall commence as of December 1, 2007, for an annual fee of $ for active members and an annual fee of $ for associate members. Should members participate in the Civil Prepaid Legal Services Plan and the Line of Duty, Legal Defense Plan together, there will be an annual charge of $ for active members and $ for associate members APPLICATION FOR LEGAL DEFENSE PLAN Name Social Security Number Date of Birth Street Address City State Zip Department / Agency Work Phone Home Phone I hereby request to participate in the Civil Prepaid Legal Services Plan as established by the New Jersey Law Enforcement Supervisors Association and the Law Offices of Frank M. Crivelli, L.L.C. I agree to abide by all of the terms and conditions thereof. I further acknowledge that I am not a participating member until my enrollment is approved by the New Jersey Law Enforcement Supervisors Association. To my knowledge, I am not presently named in any suit, action or proceeding, nor do I have any litigation presently pending, except for the following: Date Signature
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