LEGAL SERVICE PLAN

Occasionally you  or your dependents need the help of an attorney - whether you need to update your will or just need legal advice before you buy a house. The Legal Services Plan is designed to help you handle these legal matters. Unlike your other benefits, which are provided through the UFCW Local 1776 and Participating Employers Health and Welfare Fund, the Legal Services Plan is provided by the UFCW Local 1776 and Participating Employers Legal Trust Fund. However, except for the terms set forth below, all terms, including the rules concerning eligibility and termination of coverage, and amendment of the plan and benefits are the same under both the health and welfare plan and the legal plan. refer to your Health and Welfare Summary Plan  Description booklet if you have questions about these topics.

If you wish to use your legal benefit, You must use a Plan Attorney There is no charge to you for attorney fees if you use a plan attorney for  plan benefits. You are required to pay for those costs which are necessary for resolution of your matter, i.e., filing fees, postage, copying, photo copying, etc.

Some benefits under the Legal Services Plan apply only to you, while others may be available for you and your dependents. Your spouse is not covered if you are separated, and your dependent children are not covered if they are married.

The Legal services Plan provides the following benefits:

    Marital and Domestic Relations - you may use the Plan for contested or divorces; property settlements; child support and support or visitation cases, protection from abuse cases and child custody cases. Your spouse is covered for child support and child custody matters as long as the case is not against you, the member.

    Real Estate - reviewing and preparing purchase and sale agreements; attending settlements; and, reviewing real estate leases and deed transfers, for your primary residence only. However, under no circumstance may a plan  attorney be required to perform title searches or have a licensed title company in order to provide covered benefits.

    Consultation - this includes two hours of consultation time in each calendar year per family which may be used for discussion of  legal problems, drafting simple documents, etc. If the consultation leads to other representation under  the Plan, the time spent does not count toward your yearly two-hour limit.

    Wills - drafting  of wills and  updates  yearly or as necessary based on significant changes in marital or family status, for you and your spouse.

    Adoption - on your behalf and your spouse only.

    Criminal cases - one per year for you and your dependents. Coverage applies  only for misdemeanors and non-traffic summary offenses.  Felonies are not covered.  In New Jersey, this includes representation on all disorderly persons and petty disorderly violations, but will exclude high misdemeanor and offenses of the first, second and third degree. This service further provides for representation in Juvenile Court for misdemeanors and summary offenses. This service is limited to one criminal and one juvenile matter per individual in a calendar year

    Civil cases - coverage applies only where you  or your dependents are the defendant in small claims court.

    Deeds - drafting of residential deeds for your primary residence only where the member or spouse is either being added to or being removed from the deed.

    Debt collection - only if you or your dependents are the defendant in a small claims action.

    Settlement negotiations - when a legal action is instituted in court against you or  your spouse in small claims court.

    Traffic offenses - only if your offense is driving under the influence of alcohol or drugs.  You may use this once each calendar year.

Attorney-Client Relationship

When you use a Plan attorney, you will have all benefits of the attorney-client relationship. This includes the duty of attorney to maintain the confidentiality of the relationship, as well as other duties in accordance with the applicable rules of professional conduct. The attorney-client relationship created hereunder will be the same as that of an attorney to any client who retains the attorney on a private, individual, fee paying basis.

Ethical Standards

Like all attorneys, Plan attorneys are required to condom to certain ethical standards adopted by the profession. Plan attorneys' representation under the Plan shall conform to such ethical standards.

Exercise of Discretion

Like all attorneys, Plan attorneys are required to exercise independent professional judgment in their representation of  clients. Accordingly, Plan attorneys retain exclusive discretion to decline to advance a legal defense which is not based on a good faith argument for an extension, modification, or reversal of existing law. Plan attorneys also retain exclusive discretion to decline acceptance of your dispute or matter where such acceptance would create  a conflict of interest with that attorney's former or current clients.