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Legal Assistance Program
The goal of the EAP Solutions Legal Assist Program is to provide employees with access to attorneys in their local communities to address personal legal matters. The service includes a telephonic intake call followed by a referral to an attorney located in an area requested by the caller. The employee may see or talk with the attorney for a 30 minute consultation. If additional services are required, the employee may receive a 25% discount for services.
EAP Solutions worklife vendor (Workplace Options) contracts with a nationwide network of attorneys to provide consultation to employees/family members regarding their legal concerns. Using their unique case management system, the caller initiates contact with a WPO legal consultant who conducts the intake using the Decision Tree methodology; client is referred to one of the 13,000 network lawyers with confirmed availability; WPO follows-up to ensure client satisfaction and resolution.
Callers can obtain consultation for any legal issue, with the exception of those involving disputes or actions between an employee/dependent and their employer or the EAP, business issues, class action lawsuits or taxes.
Top ten reasons that employees use the service.
- Divorce/Custody Issues
- Criminal
- Estate Planning/Wills/Trusts
- Real Estate
- Landlord/Tenant
- Financial Issues (taxes, garnishment of wages, purchases, tax liens, foreclosures)
- Bankruptcy
- Personal Injury/Malpractice
- Small Claims
- Adoption
- Will preparation
Consultation consists of an analysis of the situation and advice on how to proceed. There is no documentation review or creation during this free consultation.
If the employee chooses to retain the referred attorney, there is a 25% discount off the attorney’s hourly fee (this excludes any retainer fees, court fees, filing fees, administrative charges, investigative fees, etc.
EAP Solutions clients will receive the “Referral Only Service” which includes:
- A confirmed referral to a local lawyer practicing in the required legal specialty
- Referral to an experienced local attorney for a 30-minute in-person or telephonic consultation.
- 25% discount off attorney's standard fees, if additional assistance is required.
- Integrated ID Theft Self-Recovery providing 30-minute telephonic access to an Identity Recovery Professional who will check their credit rating, help them assess their situation, create an action plan and provide the tools to implement that plan. The employee can also choose to turn the resolution over to an ID Theft Recovery Professional at a discounted rate of $210.
Attorney referral network
- Network of 13,000 attorneys
- Each attorney or firm's operating partner must have a minimum of 10 years experience in the type of law needed based on the issue
- Must be a local, community based practice
- Must be a member of the local Bar Association
- Must have a Martindale-Hubbell rating
- Must have current liability and malpractice insurance
- Must submit background check summary
- No malpractice or disciplinary charges (past or pending)
- Must submit to random “secret shopper” and service surveys
Legal Services Overview
| Legal Issue |
Included Benefits |
Excluded Benefits |
| Adoption |
Private adoptions, step-parent and family adoptions |
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| Auto Accident |
All types except for exclusion |
If auto insurance company has lawyer representing employee in matter already |
| Auto Repair Problems |
All |
If after review of info provided, when confirming attorney match, attorney deems the matter to be “frivolous” or “without merit” as defined by their code of Professional Responsibility (state specific) |
| Bankruptcy |
Chapter 7 and 13 |
No discount- Flat Rate only for attorney fees. These fees are in addition to any filing fees, court costs, reporter's fees, and other “miscellaneous costs”-process fees, investigative fees, expert witness fees, copy charges, telephone charges |
| Child Custody |
New and revisiting existing agreements |
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| Child Support |
New and revisiting existing agreements |
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| Contractor Problem |
Contract and consumer issues |
If after review of info provided, when confirming attorney match, attorney deems the matter to be “frivolous” or without “merit” as defined by their code of Professional Responsibility (state specific) |
| Credit or Debit issues |
Cease and desist letters (after financial education/payment plan started) or bankruptcy process |
Most of these issues would be first addressed by accessing the Financial Assist service (Balance) |
| Criminal |
Juvenile and adult - misdemeanors and felonies (most are assault and sexual charges |
Fee structure varies depending on crime - most will be flat rate fees (range due to severity of issue); hourly rates at 25% discount for more potentially lengthy situations. These fees are in addition to any filing fees, court costs, reporter’s fees, and other “miscellaneous costs”-process fees, investigative fees, expert witness fees, copy charges, telephone charges |
| Divorce |
Simple and contested/includes revising existing divorce decrees |
Repeated use of the service for the same legal matter once an attorney has been provided |
| DUI/DWI |
Provide both advice and court representation |
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| Employment |
NONE |
ALL EMPLOYMENT RELATED ISSUES ARE NOT ALLOWED ANY REFERRALS or VERBAL SUGGESTIONS OF ANY KIND |
| Elder Law |
Powers of Attorney, Medicare/Medicaid planning - due to the specialization around this governmental program may take longer to locate an available attorney as most are booked with current cases |
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| Estate Planning |
Including for special needs populations and general estate planning |
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| Grandparents' Rights |
Provisions in states vary so the attorney must be located in the state where the grandchildren are physically located |
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| Guardianship/Conservatorship |
Both minors and mentally incompetent adults |
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| Immigration |
Deportation/green card and visa issues |
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| Injury |
Personal injury such as slips or falls |
NO work related/happened on job - workers comp issues. ALSO - no class action situations |
| Insurance |
Issues around non-payment of claims or discrimination on policy issuance.. If insurance in question was provided by the employer of the caller - falls into employment related and service could not be provided |
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| Landlord Tenant |
Tenant representation -renter’s issues/eviction proceedings |
When employee is the landlord - no referrals can be given. Also excluded are all issues regarding antitrust, business matters, securities law, environmental torts, administrative law, trademarks, copyrights, patents. |
| Medical Malpractice |
All types including dental, surgical, and general practice |
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| Medicare |
Issues with Medicare reimbursement/hearings on denials of payments |
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| Name change |
Both for adults and minors with adoption proceedings |
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| Nursing Home |
Ombudsman issues with care issues and payment issues including spend-down for Medicaid (MediCal) |
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| Other |
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Using access to an attorney for volunteer organization/community group |
| Power of Attorney |
Includes durable healthcare powers of attorney, durable POA for finance |
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| Probate |
Filing of estates/contesting wills |
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| Real Estate |
Both buying and selling as well as general property issues |
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| Social Security/Disability |
Assisting with application and hearing process for denials-specialized area of law may require longer to confirm an attorney |
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| Suing an Attorney |
NONE |
Taking any action against an attorney whether or not originally given via the service. PLEASE also note that attorneys will not be given to take action against WPO or the employer or the legal vendor (LAP). |
| Taxes |
Audit representation or legal proceedings of taxes (submitted or not) |
Preparing, completing or filing of federal, state or local tax returns - NOTE Balance does NOT assist either |
| Traffic Tickets |
Advice and/or representation in court if permitted in the particular jurisdiction |
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| Trusts |
Setting up probate trusts as well as trusts for incapacitated adults |
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| Wills |
Simple will and living wills-requires in-person attorney. NOTE: Will review is NOT included in the free up to 30-minute consultation |
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