Dear Member:

We are pleased to describe your legal service benefits, which comprise one of the most comprehensive prepaid legal services plans in the country.  Since its first, pioneering prepaid legal services plan was introduced in 1975, the Fund’s benefits have proved to be an essential contribution to the well-being and peace of mind of thousands of covered members.

The benefit program described on the following pages includes a number of new improvements designed to make the plan as responsive as possible to your potential needs for legal counsel.  As reaffirmed by United States Supreme Court Justice Black in the famous case of Gideon vs. Wainright:

“(The assistance of counsel) is one of the safeguards of the Sixth Amendment deemed necessary to insure fundamental human rights of life and liberty. The Sixth Amendment stands as a constant admonition that if the constitutional safeguards it provides be lost, justice will not ‘still be done’.”

Because attorneys’ services can be so important, we urge you to read this section carefully and keep it handy for future reference.  The Fund provides a General Consultation Benefit that allows you to discuss any matter whatsoever with an attorney, as well as a variety of benefits covering specific, more complex legal matters.  You are entitled to up to three General Consultations each year with a panel attorney, at no out-of-pocket expense.  The legal advice you receive could serve to ease your mind concerning current circumstances and could prevent serious legal problems from developing.

The Social Service Employees Union Local 371 Legal Services Fund holds an established position among the premier providers of prepaid legal services benefits.

In solidarity,

THE TRUSTEES

LEGAL SERVICES FUND PROCEDURES AND RULES

Appointments

Legal services under the Fund’s General Matters and Civil Matters Benefits are provided by appointment at the Fund Office.  Legal services under the Fund’s Criminal Matters Benefits are provided by appointment at the offices of the Fund’s Criminal Defense Panel Law Firm.  A member who cannot be present for his/her scheduled appointment should cancel the appointment as soon as possible by notifying the appropriate office.  Failure to appear for a scheduled appointment, without such prior notification, will result in a one-half hour deduction from the member’s General Consultation Benefit of three one-half hour sessions each calendar year.

If you wish to consult a lawyer for any legal benefits provided by the Legal Services Fund, call or come to the Administrative Offices of the Fund at 1501 Broadway Suite 450 NY NY 10036, telephone number (212) 777-9000-ext. 3089.  An appointment will be scheduled for you.  At the time of your appointment, you will fill out the appropriate form.  In the event of an after-hours emergency, call  212-677-5252.

Taxability Of Legal Services Benefits

Legal services benefits have been taxable since 1992 when Congress  repealed Internal Revenue Code Section 120. This means that covered members will have the contribution made on their behalf to the Legal Services Fund during a calendar year automatically added to their gross income for that year. In 2001, this amounted to  $112.97. It was part of the employer (City) contributions to  the Union’s Benefit Funds in accordance with the current Collective Bargaining Agreement. The benefit funds are not financed by Union dues payments.

The Panel Law Firm System

In most instances, you will be provided with legal services by the Legal Services Fund’s Supervising Panel Law Firm or by the Fund’s Criminal Defense Panel Law Firm (see “Member vs. Member Disputes” below, for information on special situations).  Your relationship with the law firm providing covered services will be that of attorney and client.  The attorney-client relationship will be exclusively between the covered member and the law firm.  No member of the Legal Services Fund, or any Trustee of the Legal Services Fund can interfere in this relationship; the member has a client-private attorney relationship with the panel law firm.

The Fund is designed to pay a substantial amount of the costs of covered legal services.  For some benefits, the Fund pays the full cost of legal services, for others, the covered member must pay a portion of the cost of legal services.  You should explore, with the panel law firm, the cost involved for any problem for which you seek help, so that you and the law firm will have a working concept of what services are covered as well as what you will have to pay yourself.  For example:  you may consult a panel attorney under your Legal Defense Benefit at no expense to you; however, if the panel attorney must enter into litigation on your behalf in order to protect your rights, your out-of-pocket expense will amount  to $45.*  Remember, however, that it is not always possible to determine total costs in advance.

As a covered member, you are not required to use the benefits provided by the Legal Services Fund.  You are free at all times to hire your own attorney, but you must pay such  attorney’s fees yourself.  The Legal Services Fund will not absorb nor be responsible for any part of the fees or charges of attorneys other than those representing law firms on the panel of the Legal Services Fund, or those providing covered services in special situations (“Member vs. Member” disputes, for example).

*See the section called

“Legal Defense Benefit.”

A covered member is also free at any time to discontinue the services of the panel firm and, if he/she so desires, to secure the services of a non-panel attorney.  However, in such an event, the Legal Services Fund will not be responsible for nor absorb any part of the fees or charges of such other attorneys.

In the event that you decide to retain a law firm on the panel of the Legal Services Fund for legal services not covered by the Fund, the Fund will not absorb nor be responsible for any part of the law firm’s fees for such legal services.

The panel law firms may, under certain circumstances, at any time (as is customary in the case of the independent retention of private attorneys), not undertake, discontinue or withdraw from representation of any covered member, spouse or eligible dependent, with appropriate adjustment of fees.  In such cases, the covered member, spouse or eligible dependent is free to secure his/her own counsel; however, the Legal Services Fund will not absorb nor be responsible for any of the fees or charges of a non-panel attorney.

Member Vs. Member Disputes

In instances where two covered members are involved in the same controversy or proceeding as adversaries (and both members would have the right to the benefit under the rules of the Fund), each member will be provided with an attorney from a standby panel.

This policy conforms with the Code of Professional Responsibility, which requires that attorneys take the necessary steps to avoid any possibility of conflict of interest.

Geographic Area Of Coverage

Unless otherwise specified for particular benefits (e.g., Legal Defense, Appeals, etc.), the Fund’s benefits are limited to any controversy, dispute, proceeding or matter that can be  litigated or otherwise handled within New York City and its metropolitan area, which includes all five Boroughs of New York City, as well as Nassau, Suffolk, Westchester, Putnam and Rockland Counties*, and Bergen, Hudson, Essex, Union and Middlesex Counties in northern New Jersey.

*Covered members whose New York City employment was  located in Orange County, and who continue to reside in Orange County, are  covered for all Civil Matters and Criminal Matters which arise in Orange County.  The Criminal Matters benefits are likewise available to covered members and their spouses and eligible dependents in Orange County, New York, if the covered member’s New York City employment was  located in Orange County.

Coverage of legal services under the Homeowner Rights Benefit is available to all covered members for real estate transactions in Orange County, New York.

Procedure For Claims Review

The following is a description of the claims review procedure. In the event that your claim has been denied in whole or in part, and you do not agree with the denial, you may submit a written request for a review of the Fund’s decision regarding your claim, within sixty (60) days of your receipt of written notification of the denial of your claim.  This request must identify the covered member, the decision to be reviewed, and must also explain the reason you do not agree with the denial of benefits.

You may designate a representative to act on your behalf in the review procedure.  To designate a representative, you must provide a written statement specifying the name of the representative, the claim number or denial notice number, and the designation must be notarized, signed and dated.  A written designation of a representative is necessary to protect against disclosure of information regarding the claim except to your authorized representative.  Upon receipt of the request for review of the claim, you or your authorized representative have the right to submit issues and comments in writing, and any additional information pertinent to the claim.

The Fund’s Board of Trustees will provide a written decision within a reasonable period of time from receipt of your request for review.  The written reply will contain the reasons for the decision.

All decisions of the Board of Trustees shall be final and binding on the member, his/her representatives or estate.  You must follow the appeal procedure stated above before instituting any judicial proceeding or action.

The decision of the Trustees will be in writing and will include the specific reasons for the decision.  Written notice will be furnished to you within forty five days of the Board of Trustees’ decision.

All decisions of the Board of Trustees shall be final and binding on the member, his/her representatives or estate. 

GENERAL MATTER BENEFITS

The benefits of the Legal Services Fund are divided into three categories:  General Matters, Civil Matters, and Criminal Matters.  There is also a Court Cost Disbursement Benefit to pay Court Costs that may arise from the use of certain covered legal services.

This section describes the Fund’s General Matter Benefits.  These benefits cover any general questions a member may have regarding his/her rights, and guarantee bail to covered members who are arrested in a non-work-related situation.

The General Matter Benefits are provided at no cost to the covered member.

General Consultation Benefit  (Three each year)

Who is Eligible All covered members are entitled to this benefit.  Retirees who are former covered members are also entitled to this benefit.

What is the Benefit  This benefit provides covered members and retirees with the opportunity to consult an attorney from a panel law firm for three one-half hour sessions each calendar year concerning any matter whatsoever.  If the consultation involves a covered matter, the Fund will provide representation by a panel attorney in accordance with its benefit plan.*

How to Obtain the Benefit

For an appointment with a panel attorney to discuss any question relating to your legal rights, contact the Legal Services Fund Office.  At the time of the appointment, you and the attorney will complete the appropriate form.

*The General Consultation Benefit for retirees does not involve representation by counsel.

Document Review Benefit

Who is Eligible

All covered members are entitled to this benefit.

What is the Benefit

This benefit provides review and interpretation by an attorney from the panel law firm of all legal documents, such as warranties, installment purchase agreements, loans, leases, insurance policies and court papers.  A covered member is entitled to use this benefit as many times as may be necessary during the year.  If the document review involves a covered matter, the Fund will provide representation by a panel attorney in accordance with its benefit plan.

Exclusions and Limitations

The following documents are not included in the Document Review Benefit:

 A. Tax returns;

 B. Work that is being prepared by other attorneys.

How to Obtain the Benefit

For an appointment with a panel attorney to review a legal document, contact the Legal Services Fund Office.  At the time of the appointment, you and the attorney will complete the appropriate form.

Bail Bond Benefit

Who is Eligible 

Any member who is arrested in a non-work-related situation. 

What is the Benefit

The Fund will post a Bail Bond of up to $2,500 for any member who is arrested in a non-work-related situation on a civil or criminal charge in any jurisdiction covered by the Fund.

How to Obtain the Benefit

To obtain the Bail Bond Benefit, you or a person acting on your behalf (friend, family member, etc.) should telephone the Fund Office at (212) 677-5252, or (212) 677-3900.  The Fund will post bail for you, up to the $2,500 limit.