INDIVIDUAL & FAMILY MEMBER POLICY AND CERTIFICATE OF COVERAGE
Member: _______________________________________(referred to herein as the "Plan Member")
Member Number: ________________________________
Effective Date: ___________________________________
Dear Member of the PREFERRED LEGAL PLANTM ("PLP"):
In consideration of your payment of the membership fee and your abiding by the terms and conditions of this Member Policy ("Policy"), you will receive the benefits contained herein. Such benefits will be provided by attorneys designated by PLP, who are duly licensed, practicing attorneys (referred to herein individually as the "Panel Attorney"). The Plan Member always has the right to retain, at his/her own expense, any non-Panel Attorney authorized to practice law in this State.
The following services are available to the Plan Member and other Covered Persons (defined below) at the "Plan Rate & Maximum Fee." The Plan Member hereby agrees to pay the monthly premium of $9.95 to PLP to receive the covered legal services set forth below at the "Plan Rate & Maximum Fee." The "Plan Rate & Maximum Fee" is paid directly to the designated Panel Attorney by the Plan Member. PLP is not an indemnification plan. PLP does not reimburse nor indemnify any Plan Member for attorney fees or expenses.
GENERAL PROVISIONS
A. "Covered Person" shall include:
1. The Plan Member.
2. The Plan Member's spouse.
3. Any unmarried dependent child (including an adopted child) of the Plan Member or the Plan Member=s spouse under 23 years of age who is a permanent resident of the Plan Member>s household. The term unmarried for the purpose of this Policy is defined as a person who has never been married.
4. Any dependent child (including an adopted child) of the Plan Member or the Plan Member's spouse, regardless of age or marital status, who is incapable of sustaining employment by reason of mental or physical disability and is chiefly dependent upon the Plan Member for support.
B. Specific Exclusions: The following items are specifically excluded and shall not be interpreted as included benefits:
1. Filing fees, fines, court costs, penalties, expert fees, witness fees, court reporter fees, transcripts, bonds, bail bonds, and any other out-of-pocket or incidental expenses.
2. Matters arising out of the Plan Members' (or other Covered Persons') profession, occupation, employment, business interests, workers' or unemployment compensation, or relocation required by an employer.
3. Any ongoing or potential felony criminal action or proceeding involving the Plan Member (or other Covered Person).
4. Any action or proceeding involving PLP, Panel Attorneys or any of their parents or affiliates, or any of their directors, officers, agents or employees in matters in which they have an interest adverse to the Plan Member (or other Covered Person). Further, all coverage under this Policy for services unrelated to such action or proceeding shall be suspended during the pendency of such action or proceeding.
5. Any action or proceeding involving another Plan Member (or other Covered Person) in matters in which they have an interest adverse to the Plan Member (or other Covered Person).
6. Matters being handled by a Panel Attorney for a Plan Member (or other Covered Person) prior to the effective date of the Plan Member's Policy.
7. Matters involving the law or laws of jurisdictions other than the United States or its political subdivisions.
8. Matters in states or political subdivisions where PLP is not available.
C. Panel Attorney: Panel Attorney is defined as a law firm and/or any of its attorneys designated by PLP to provide the benefits described in this Policy.
D. Plan Rate & Maximum Fee: The covered legal services set forth above are available to the Plan Member (or other Covered Person) at the Plan Rate & Maximum Fee, several of which are set at a flat fee. With regard to those legal services that are set at a flat fee, it is possible that the matter involved may become more complicated than originally anticipated. In such a case, the matter may no longer qualify for the flat fee but will instead qualify for an hourly fee, not to exceed $95 per hour. In such a case, the Plan Member (or other Covered Person) will pay the Panel Attorney the hourly fee for all work done on such matter.
E. Attorney-Client Contract: All benefits provided herein shall be subject to the terms of an Attorney-Client contract to be executed by the Plan Member (or other Covered Person) prior to the time legal services are rendered, which contract may require payment of a retainer deposit to the Panel Attorney in an amount sufficient to cover the required costs associated with the rendering of such legal services. Such required costs may include estimated fees (limited to the Plan Rate & Maximum Fee set forth above), legal expense costs (i.e. court fees, deposition, court reporter fees) and other such customary costs associated with the delivery of various legal services. All determinations of retainer deposits and associated required costs shall be made in the sole discretion of the Panel Attorney, and eligibility for receipt of benefits hereunder is contingent upon payment of same prior to commencement of legal representation by Panel Attorney.
F. Eligibility Period: The eligibility period, during which the Plan Member (or other Covered Person) is entitled to receive benefits hereunder, begins on the effective date of the Policy and terminates immediately upon cancellation of the Policy as provided in Section L below.
G. Territory: This Policy covers legal matters solely throughout the state of Florida. Should the Plan Member (or other Covered Person) move outside the state of Florida, PLP, at its option, may locate a Panel Attorney to participate and provide the legal services contained herein.
H. Settlement of Disputes: In the event of any dispute between the Plan Member (or other Covered Person) and a Panel Attorney, the Plan Member (or other Covered Person) may file a written complaint with PLP, which will then attempt to resolve the complaint by mutual agreement with the Panel Attorney. Should it be unable to resolve the dispute of the Plan Member with Panel Attorney by mutual agreement, then PLP and the Panel Attorney shall each appoint a mediator, who in turn shall appoint a third mediator, and the three (3) mediators shall resolve the dispute by majority vote. This resolution shall be binding on all parties to the dispute.
I. Inability of Panel Attorneys: If it is so determined that no Panel Attorney is able or willing to represent the Plan Member under this Policy, PLP shall alternatively select another attorney to furnish services to the Plan Member, such services to be paid for by PLP, or the Plan Member may obtain the services of another attorney, such services to be paid for by PLP.
J. Change of Policy: PLP reserves the right to change or revise the Policy and/or the Plan Rate & Maximum Fee, in whole or in part, at any time. Such change shall be valid upon approval by an officer of PLP and shall become effective upon delivery of written notification from PLP to the Plan Member. Written notification by PLP hereunder shall be deemed made upon delivery to the Plan Member=s current address, according to the records of PLP. No agent or sales associate of PLP has authority to change or revise any terms of the Policy or to waive any of its provisions.
K. Change in Membership Fee: PLP reserves the right to change, at any time, the established monthly membership fee for membership in PLP. The Plan Member will be given written notification of such a change in membership fee at least forty five (45) days prior to such change becoming effective. Written notification by PLP hereunder shall be deemed made upon delivery to the Plan Member=s current address, according to the records of PLP.
L. Cancellation of Policy: This Policy shall be cancelled and the Plan Member's benefits hereunder automatically terminated if: (i) the Plan Member is more than thirty (30) days delinquent in paying the monthly membership fee of $9.95 after receipt of a renewal notice from PLP; (ii) PLP notifies the Plan Member in writing of cancellation of his/her membership in PLP (such cancellation to become effective thirty [30] days after delivery of such written notice); or (iii) the Plan Member notifies PLP in writing of his/her intent to cancel membership in PLP (such cancellation to become effective immediately upon receipt by PLP of such written notice). Written notification by PLP hereunder shall be deemed made upon delivery to the Plan Member=s current address, according to the records of PLP.
M. Panel Attorney=s Professional Judgment: It is within the sole discretion of the Panel Attorney to determine whether claims or defenses pertaining to any matter raised by the Plan Member (or other Covered Person) presents a frivolous or otherwise unmeritorious claim or defense including decisions to appeal any judgment or decision, and Panel Attorneys reserve the right to make independent professional judgments regarding whether to represent same. PLP will in no way influence or attempt to affect the rendering of professional judgment by the Panel Attorney, that prerogative being reserved by the Panel Attorney.
N. Conflict of Interest: In the event that a Plan Member (or other Covered Person) desires to retain the services of a Panel Attorney for representation that would likely violate The Florida Bar's Code of Ethics or would likely result in representation adverse to another pre-existing client of the Panel Attorney (or the Panel Attorney's firm) or to another Plan Member (or Covered Person), who has previously retained the services of the Panel Attorney (or the Panel Attorney's firm), the Panel Attorney will be unable to represent the Plan Member (or Covered Person) desiring legal representation, and no benefits hereunder may be afforded by the Panel Attorney to such Plan Member (or Covered Person).
O. Ability to Choose Other Counsel: All Plan Members (or other Covered Persons) may at any time choose attorneys other than Panel Attorneys to represent them in any manner whether covered by PLP or not. However, said alternate representation will be at the Plan Member's own expense, and the Plan Member shall not be entitled to any reimbursement from PLP for same.
P. Cooperation of Client: The Panel Attorney's duty to render services hereunder shall be subject to the Plan Member's (or other Covered Person's) compliance with the reasonable requests of the Panel Attorney in a manner normally associated with an attorney/client relationship.
Q. Mutual Right to Terminate Relationship: As is customary in the attorney/client relationship, if either the Plan Member (or other Covered Person) or the Panel Attorney determines that they have failed to establish the proper attorney/client rapport necessary to the rendering of effective legal counsel, either the Plan Member (or other Covered Person) or the Panel Attorney reserves the right to terminate the relationship.
R. Quality of Legal Services: The Florida Bar does not guarantee in any way the success of PLP and gives no assurances as to the quantity or quality of legal services to be provided hereunder. Total responsibility for the delivery of services rests with the Panel Attorneys in their individual attorney-client relationships. PLP's responsibility is in an administrative capacity only. The Plan Member (or other Covered Person) may at any time file a complaint with Staff Counsel, Grievance Committee, The Florida Bar, 650 Apalachee Parkway, Tallahassee, Florida 32399-2300, concerning a problem with any Panel Attorney's professional conduct.
S. Recovery of Legal Fees: In the event the Panel Attorney assumes responsibility over any matter where the recovery of legal fees from the opposing party is provided by statute, by Policy, or by the nature of the claim, any attorney's fees recovered shall be the property of the Panel Attorney.
END OF POLICY
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