EAP Solution’s legal consultation service provides a referral to an experienced local attorney.
| Legal Issue |
Inclusion |
Exclusion |
| 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 |
| Business and Intellectual Property |
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All issues regarding antitrust, personal business matters, securities law, environmental torts, administrative law, trademarks, copyrights, patents. |
| 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. |
Flat fees are excluded. Also excluded are 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 |
|
| Employment and Labor |
NONE |
All |
| 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 |
|
| 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 |
| Landlord Tenant |
Tenant representation -renter’s issues/eviction proceedings |
When employee is the landlord - no referrals can be given. |
| Medical Malpractice |
NONE |
All |
| 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 |
|
| School Issues |
Advocating for Individual Education Plans (IEPs) and discrimination issues for students. |
Legal action by school employees against their school district, education association, union, independent school district or school consortium is also excluded. |
| Social Security/Disability |
Assisting with application and hearing process for denials-specialized area of law may require longer to confirm an attorney |
|
| 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 THE EAP, 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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