Saturday, March 17, 2012

Look before you take the leap into pre-paid legal services

These are some of the question you should ask if you are considering a
pre-paid legal plan.


What is covered? Legal plans are offered in different models and differ in
the specifics of what they cover. While phone consultation and simple
drafting and reviewing of simple contracts are included across the board,
more elaborate and complicated legal matters are not covered.
It’s best to review your own legal needs before you choose a legal plan.
Ask which legal services will you need most and then choose a plan that
provides the best coverage given those needs. For instance, if you are a
business owner, lawsuits, lease and contract negotiations could be high on
your list and you would be looking for a legal plan that provides coverage
accordingly.

What legal coverage do I already have? Don’t pay for coverage twice! If
you
have car insurance, then you are covered for liability and medical
protection, home insurance covers you for injuries sustained on your
property… Your existing insurance policies already cover some of your
legal costs and there is no need to pay for that coverage when you select
with a legal plan.

Does the company have an in-house procedure to handle complaints? One of
the stumbling blocks of pre-paid legal services is quality of service.
Newly-licensed attorneys, phone calls not getting answered and that
ointment on any client –lawyer relationship: fee disputes, typically
involving bills made to your credit car to cover for services not included
in your contract… This is just a specimen of the many problems people face
with their plan providers.
Make sure you select a plan that has clear guidelines as to how to settle
dispute when they arise. A company that has a good in-house mechanism to
handle complaints will generally assign a senior attorney with the
authority to handle customer complaints of and disputes with any attorneys
in the network. Secondary sources of resolution may include your state
insurance department or bar association. Check their outlet for complaints
against pre-paid services. 

What is the quality of the work they provide? You’ll need to do some
homework before you select your legal provider. Ask these questions:
What’s the firm’s reputation in my area? How many years have they been
in business? Have they been operating in my local area for at least a year
without complaints? How skilled are they attorneys? Do they cover the
locale where my business operates? Some good places to start your
background research are your state bar association, the Better Business
Bureau and the Consumer Affairs Office.

Limitations of Pre-Paid Legal Services

Pre-paid legal plans are promoted under the promise of cheap legal
coverage, an attractive alternative to the high fees charged by regular
attorneys and law practices. But under the gloss of accessible legal
services for the general public, lie a number of limitations.

First, there is a limit on the scope of the legal services provided. Most
of what is provided on an unlimited-basis is phone based: calls to your
attorney for advice and consultation on legal matters, or phone calls made
on your behalf to third parties. Other benefits bundled in the plan are
limited: regular visits to your attorney’s office is restricted to a dozen
or so hours per month, the wills you want drafted or sample contracts
reviewed will be carried out on two or three copies per year. More complex
legal matters involving more time and effort on the part of your attorney
are not provided outright. If you need representation in a court for a
lawsuit on the recovery of damages, or a complex lease contract reviewed
and approved, then you have to pay regular lawyer fees. Some discounts of
up to 25% apply, but  you could get the same discounts if not better by
the simple virtue of simple negotiations and clever comparison shopping.

Second is the restriction on your choice of attorney and the quality of
legal work provided. Although you are free to choose your own attorney,
client-lawyer relationship and the building of rapport are harder to come
by in this scheme.
Pre-paid legal plans are fraught with the “rookie” syndrome: the providers
usually resort to employing newly-licensed or trainee attorneys in a
cost-cutting exercise. Someone who does mostly  wills, trusts and sample
contracts is probably not a good fit for a more complex legal issue like
the custody of  children. In this day of age of increasing specialisation,
it is better to ask someone with specialised knowledge and years of
experience then it is to rely on a novice with a limited professional
track-record.
If you go down the traditional way, then there is restricted “pool of
attorneys” you can choose from. Your research will be easier and a lot
more comprehensive. You can set up interviews with lawyers, ask for
referrals from friends, previous customers or check your local bar
association. You are more likely to get a top-notch lawyer with who to
build rapport get competent advice and trust the judgement.

Legal Plans

What if you could pick up the phone and call an attorney to get advice
about any and all legal matters of interest to you? The attorney would
draft your will, review it and update it for every other year, make phone
calls and write letters on your behalf negotiate your contracts and
represent you in court. If you are traveling in another state and need any
form of legal advice, he will refer you to a competent attorney in that
state for no extra cost to you.

This all seems great on paper, but the mere thought of paying hundreds of
dollars an hour to put an attorney on retainer is enough to persuade most
people not to seek legal coverage.

You will be surprised to know that such coverage does indeed exist under
an arrangement similar to your health or insurance plan. Pre-paid legal
plans offer you access to all these legal services, for a monthly charge
of $10 to $25. If you are employed, you may incur no charge if your
employer provides legal services as a fringe benefit.


Are you thinking of getting on the pre-paid bandwagon? Choosing a
particular enrolment method can be very important in determining the
benefits, costs and conditions of coverage of your legal plan.

A voluntary enrolment refers to a membership of a legal plan where people
“voluntarily” subscribe to a pre-paid legal service in response to a direct
email offer, during an employer’s open enrolment period or during
individual sales representations. In this arrangement, you pay the prepaid
charge, get the standard discounts open to all other members of the plan
and get the coverage as per the terms and conditions of the plan.

In a group plan, all members are automatically included in the plan because
of their status as a group. For instance, many employees enjoy a 100%
participation in legal plans sponsored by their employers. They do not have
to pay any pre-paid charge or premium, as legal coverage in the work place
is now regarded as an employee fringe-benefit.
Some universities also provide legal coverage for their students, financing
the plans from their general tuition fees.

How to choose an attorney?

Throughout the course of your legal problems, you will have to make some
tough decisions – If you were involved in an accident then you have to
choose between bringing criminal damages or press with a plaintiff case, if
you have a small business and you were involved in a deal, then you have to
decide whether to sign it or let it pass. There is no clear-cut answer in
many of these dilemmas, and getting the right lawyer is crucial to you. We
examine the perks of choosing a lawyer in a pre-paid legal plan as opposed
to hiring your own lawyer, and some simple steps you can take to choose a
good attorney.

The number one criterion has to do with a lawyer’s legal ability: someone
who lays the law down for you, present you with options, explain the
ramifications of each decision you make and give you recommendations on the
best course of action. In this day and age of complicated legal matters,
many lawyers are increasingly specialised and you stand to get better
information from someone with a practice focus in a particular area of the
law than a generalist who deals with a broad spectrum of legal issues. 
Building rapport is also very important: your relationship with your lawyer
can make or break your case. You need a lawyer who gives you candid advice
and council you can trust, someone with enough perspective to step back
from an issue and look at it from all perspectives.

Client-lawyer relationships are very limited within a pre-paid legal plan.
Because of “preventive” nature of most plans, your contact with your
lawyer will be limited on many occasions. You seldom get to talk to your
lawyer face-to-face – as most of the consultation is done over the phone
– and even when you get to talk to them, it’s difficult to build rapport
when your office consultations are limited to a dozen hours a year.

The good news, however, is you still have some options left. When you sign
up for a legal plan, you get to choose your lawyer and there is a number of
steps you can take to increase the likelihood of getting a good lawyer.
First, you need to ask for referrals from previous clients. Ask around
about good attorneys in the network. Once you get a few names, check their
educational background, their qualifications and their professional track
record with your state’s bar association.
After you receive your referrals, don’t shy away from setting up interviews
with attorneys in the network. Most don’t mind receiving enquiries about
what they do and how able there are. |Ask tough questions: How long have
they been in practice? How satisfied are their previous clients? How many
legal problems of interest to you have they taken recently?