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Providing Legal Services for You and Your
Family
CSEA has established
the Legal Services Plan to provide legal
assistance and services to you and your
family. There are two ways you and your
family can participate. 1) In exchange
for a membership fee, members receive free
specified legal services and access to
discounted attorney fees for other services.
2) With no membership fee, members can still
call the CSEA toll free number to be referred
to a Plan Attorney in their area to receive
legal services at discounted rates as
published in the Fixed Fee Schedule.
Why Was The Plan Created?
Peace of Mind! One out of every
two Americans will need legal advice during
the next twelve months. Half of these
people will attempt to deal with the matter on
their own because they either do not know how
to retain an attorney or are afraid of the
costs associated with one. CSEA
has instituted this Plan to provide its
members and their families with the knowledge
and affordability to protect their legal
rights. How Does The Plan
Work To become a member of
the CSEA legal Services Plan, choose ONE
of the following legal plan options:
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CSEA Charter:
$100.00
(choose any 2 of the legal services listed
below)
-
CSEA Superior
$175.00
(choose any 3 of the legal services listed
below)
-
CSEA Extra
$200.00
(choose any 4 of the legal services listed
below)
-
CSEA Advantage
$260.00
(receive all 5 legal services listed below)
*If you do
not need any of the below listed services but
wish to be referred to a Plan Attorney for a
specific legal matter at the discounted rates
in the Fixed Fee Schedule, call CSEA
Headquarters at 1-800-342-4146
Monday - Friday 8:30a.m. to 5 p.m.
(listen for prompts for Personal Legal
Matters)
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One Simple Will
(or amendment to existing will)
An attorney will prepare the necessary
documents for a Plan Member or eligible
dependent regarding the deposition of their
estate after death. This service does
not include a trust provision or specific
bequeaths within the document. |
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One Power of Attorney
This document allows a Plan Member or eligible
dependent to authorize a third party to handle
all or part of the Plan Member's personal
and/or business affairs |
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One Health Care Proxy
This document allows a Plan Member or
eligible dependent to appoint a hired party to
make medical decisions on behalf of a Plan
Member who is unable to do so |
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One Legal Document Review
An attorney will review a legal document
involving a Plan Member or eligible dependent.
The maximum length of such document is ten
(10) pages. |
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One Legal Consultation
(up to 60 minutes)
The Plan Member or eligible dependent is
provided with an opportunity to consult with
an attorney about a legal problem. A
Plan Member or eligible dependant may obtain
legal advice on such matters as buying or
selling a home, automobile, property, or
equipment, any lease arrangement, or to learn
about legal rights in a given situation.
Consultations may be in person or on the
telephone.
In addition to any option you choose, you
become entitled to additional legal services
at reduced rates according to the Fixed Fee
Schedule. |
Is It Worth Joining?
Without the benefit of the Plan, these same
services could cost you hundreds of dollars.
Even if you use just ONE of the legal
services, the cost of the membership pays for
itself. What If I Need
Legal Services Other Than
Those Included In My Membership?
CSEA has negotiated a Fixed Fee Schedule for
it's members. The Fixed Fee Schedule not
only provides you with reduced rates for a
full range of legal services, but it also
provides you with prior knowledge of the cost
of such services. Some of the services
that can be provided to you and your family at
a reduced rate include:
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Traffic Tickets |
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Buying/Selling a Home |
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Property Disputes |
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Matrimonial/Divorces |
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Estate Administration and Will
Probate |
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Family Court Matters |
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Bankruptcy |
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Criminal Matters |
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Landlord & Tenant Rights |
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Adoptions & Related Matters |
Who Is Eligible
The following persons are eligible to
participate in the CSEA Legal Services Plan:
-
A member of CSEA;
-
A retiree members of CSEA;
-
A dependent of a current or
retiree CSEA member.
CSEA members must be in good
standing, having met all financial obligations
to CSEA. "Eligible Dependent"
is defined as follows:
-
A spouse, if not legally
separated;
-
A child (under 18 years of
age) of an eligible member;
-
A widow or widower of an
eligible member.
Miscellaneous Provisions
Services provided by this Plan are subject to
change upon written notification to the
participating Plan members. The Fixed
Fee Schedule is subject to change at the end
of each fee schedule year.
In the event an issue arises as to the legal
services required or weather representation
falls within the categories provided under the
Plan, such issue will be resolved by the Plan
Administrator.
No CSEA member or eligible dependent is
required or obligated to consult with or be
represented by an attorney provided by the
Plan, and remains free to consult wit or be
represented by any other attorney at the
individual's own expense without the benefit
of the CSEA Fixed Fee Schedule.
Who Are The Attorneys
Legal services are provided by the CSEA
Regional Attorney network, supplemented with
additional attorneys committed to the CSEA
Plan to give us the best coverage throughout
the state. All communications between
you and your attorney are 100% CONFIDENTIAL.
Plan Attorneys providing legal services under
the Legal Plan's Options (1-4) are compensated
by CSEA /Local 1000 AFSCME from Plan
membership fees. Compensation for all
other services is in accordance with the Fixed
Fee Schedule and is provided directly by the
Plan Member. Attorney's services will be
provided in accordance with the professional
and ethical standards expected of lawyers.
In providing such legal services, Plan
attorneys shall adhere to the rules of the
Plan, but shall receive no further
instructions, directions, or interference from
CSEA or its officers or agents.
Attorneys shall maintain the confidentiality
of the attorney-client relationship in
accordance with applicable canons of ethics.
How Do I Join
Participation in one of the SEA Legal Services
Plan options will be activated by completion,
submission and verification of the
plan
enrollment form, along with at least one half
of the selected membership fee. The
balance of the membership fee will be due
ninety (90) days from the application
submission. Eligibility for services
commences seven (7) days after enrollment in
the Plan. CSEA will notify you within
seven (7) after your enrollment from is
received as to who the Plan attorney is for
your county. Plan members, including
eligible dependents, have a full year from
date of enrollment to use the free services
provided under the Legal Plan options.
Appeal Procedure
In the unlikely event that a Plan Member is
dissatisfied with legal services provided by a
Plan Attorney, the Plan Member may obtain
resolution of the dispute through arbitration
in accordance with the rules of the American
Arbitration Association. The cost of
arbitration is to be shared equally between
the dissatisfied Plan Member and the plan
Attorney.
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If you have
any questions about the CSEA Legal
Services Plan, please contact CSEA
Headquarters during normal business hours,
Monday - Friday, 8:30a.m. to 5p.m. at
1-800-342-4146. |
Fixed Fee
Schedule - As Of July 2007 NOTE: Some of the legal
services listed below contain a range of fees, since
fees normally vary across the state. Each
contract between the CSEA Legal Services Plan and a
Plan Attorney will have an individual fee schedule
containing specific fees to be charged based on that
Plan Attorney's geographical region.
I. Wills, Trusts and powers of Attorney
Wills
| Individual, simple: |
| Individual with trust: |
| Reciprocal, simple: |
| Reciprocal with trust: |
| Other: |
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$75.00 - $100.00
$125.00
$135.00 - $150.00
$225.00
$95.00 - $125.00 per hour |
Health Care Proxy
and Living Will
| Individual: |
| Reciprocal, simple |
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$50.00
$75.00 |
Power of Attorney
| Individual |
| Reciprocal |
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$75.00
$125.00 |
II. Uncontested Estate Administration and
Will Probate
Basic Charge:
4% of estate property plus cost OR $125.00 per hr.
plus costs (Minimum fee: $2,500.00)
Additional Fees:
(may be waived if part of estate as above)
- Letters of Guardianship:
$400.00
- Prepare and file NY Estate
Return and/or obtain Lien Waiver or Release of
Lien: $500.00
- Prepare and file Federal
Estate Tax Return: $1,000.00
- Transfer Title to Real
Property (deed transfer): $275.00
- Document preparation:
$150.00
III. Real Estate Transactions
Sales and Purchases
(Residential)
| Basic charge: 2/3% of
purchase price (Minimum fee: $265.00 - $500.00 |
| Additional fees (if
applicable) |
- New construction: $95.00 -
$125.00 per hr.
- Closing does not occur
("breaking" fee): $250.00
- Litigation arising out of
sale or foreclosure: $95.00 - $125.00 per hr.
- Document preparation:
$150.00
Mortgage
Refinancing
| Basic charge: 2/3% of
mortgage amount (includes attendance at closing)
(Minimum fee: $215.00 - $450.00) |
| Additional fees |
- Change of ownership (deed
transfer), if required: $200.00
- Closing does not occur
("breakup" fee): $250.00
- Document preparation:
$150.00
Deed Transfers of
Ownership
| Basic Charge: $250.00 -
$300.00 |
| Additional fees - Document
preparation: $150.00 |
Commercial or Mixed
Use Real Estate
| Fee to be agreed upon by
attorney and client prior to transaction |
IV. Landlord & Tenant
Representation of
Tenant
| Non-payment of rent or
holdover residential summary proceeding: |
- First court appearance:
$300.00 - $450.00
- Additional court
appearance: $300.00 - $500.00
| Prepare and issue a 3-day or
30-day notice of tenancy termination: $50.00 -
$100.00 |
Representation of
Landlord (Residential)
| Notice of petition and
petition to commence action in court: $250.00 |
| First court appearance:
$350.00 - $450.00 |
| Each subsequent court
appearance: $300.00 - $350.00 |
| Prepare and issue a 3-day
notice to tenant: $50.00 - $100.00 |
| Prepare and issue a 30-day
notice of tenancy termination: $50.0 - $100.00 |
| Adjournments requested by
client after completion of above petition:
$175.00 - $250.00 |
V. Criminal Matters
Vehicle and Traffic
| Court appearance: $200.00 -
$250.00 |
| Additional appearances:
$200.00 - $250.00 |
| Trial: $450.00 - $600.00 per
day |
Violations
| Court appearance: $200.00 -
$250.00 |
| Additional appearances:
$200.00 - $250.00 |
| Trial: $450.00 - $600.00 per
day |
Misdemeanors
(Except DWI)
| Court appearance (maximum of
three court appearances): $400.00 - $800.00 |
| Additional appearances:
$200.00 - $250.00 |
| Trial: $500.00 - $1,000/00
per day |
DWI
| Resolved before trial
(includes all necessary court appearances):
$665.00 - $1,335.00 |
| Additional appearances |
- DWI refusal hearing:
$400.00 - $500.00
- Trial: $95.00 - $125.00 per
hour
Felonies (up to "C"
felony)
Representation in felony cases
is not provided automatically under the Plan.
Fees and services are subject to agreement between
the Plan Member and the Plan Attorney
Bail Hearings
| Before 6:00PM:
$250.00 - $400.00 |
| After 6:00PM:
$500.00 - $750.00 |
| Weekends:
$500.00 - $750.00 |
Minors
If a minor is charged as a
juvenile offender in Family Court, refer to
Section VII Family Court for
appropriate fees.
VI. Adoptions and Related Matters
Adoptions
| Simple (uncontested) with one
court hearing: $580.00 - $1,250.00 |
| Additional court hearings:
$250.00 |
| Contested: $95.00 - $125.00
per hr. |
Name Change
| Uncontested: $400.00 -
$1,000.00 |
| Contested: $95.00 - $125.00
per hr. |
| Additional fees:
Document preparation: $150.00 |
Guardianship
| Uncontested: $1,250.00 -
$1,500.00 |
| Contested: $95.00 - $125.00
per hr. |
| Additional fees:
Document preparation: $150.00 |
VII. Family Court matters
Neglect or Abuse
PINS (Persons in Need of Supervision)
JD (Juvenile Delinquents)
Custody or Visitation
Family Offense
Violation of Order of Protection
Child Support
| Minimum fee: $335.00 -
$1,335.00 (includes first court appearance) |
| Additional court appearance:
$325.00 |
| Trials: |
- Basic charge: $750.00 per
day
- Out of court trial
preparation billed separately: $95.00 -
$125.00 per hr.
| Motion Practice: $95.00 -
$125.00 per hr. |
VIII. Matrimonial Matters
Separation/Prenuptial Agreements
| Basic charge: $95.00 -
$125.00 per hr. |
Uncontested
Divorce, Separations and Annulments
An uncontested divorce is one in which a court
appearance generally is not required and the
parties have agreed upon all of the issues
including, but not limited to: child support,
custody, and visitation; equitable distribution of
marital property; and the defendant spouse does
not oppose the client's divorce action nor retains
an attorney.
| Uncontested retainer
(includes initial court appearance): $650.00 -
$1,665.00 |
| Additional appearances:
$250.00 each |
| Preparation of stipulation
(if applicable): $95.00 - $125.00 per hr. |
Contested Divorce,
Separations and Annulments
Representation in contested matrimonial cases
is not provided automatically under the Plan.
Fees and services are subject to agreement between
the member and the attorney.
IX. Personal Bankruptcy
Voluntary Chapter 7
| Single petition: $750.00 |
| Joint petition: $900.00 |
Voluntary Chapter
13
| Single petition: $1,500.00 |
| Joint petition: $1,600.00 |
Adjournments
| Court appearance: $175.00 |
X. Miscellaneous Services
(Document Review, Lawyer,
Letter, etc.)
| Basic charge: $95.00 -
$125.00 per hr. |
XI. General Consultation
(Office or Telephonic)
| Basic charge: $95.00 -
$125.00 per hr. |
Disbursements and Office Expenses:
Fees set forth
under this schedule do not include disbursements
such as filing fees or recording fees, or other
special costs and expenses including transcripts,
expert witnesses, special mailing or copy costs,
and long distance telephone calls.
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