Legal Plan Subscription Agreement
PLEASE NOTE – If you are using a 30-Day free trial from the purchase of one of our services, your trial membership is not subject to the payment or renewal terms enumerated in Section 15(a)-15(d) of this Agreement. Should you wish to continue membership in a Legal Plan following the expiration of a 30-Day free trial, you must enroll in a full membership by following the instructions provided in the email that will be sent to you after the expiration of your trial membership.
WE DO NOT GUARANTEE THE OUTCOME OF ANY MATTER UNDER THE LEGAL PLANS.
1. Eligibility. To be a Primary Member, you must be a Wisconsin resident or Wisconsin resident entity, having the legal capacity and authority, being of sound mind and majority age (at least 18 years of age), to enter into this contractual agreement. You must also have a major U.S. credit card to complete the purchase of the Legal Plan.
2. Legal Plan Membership. We reserve the right to accept or refuse membership in our discretion. You may not sell, convey, transfer, or assign your Legal Plan or these benefits; provided, however,that a Business Advisor plan Primary Member may extend coverage to his or her designated business, and a Personal Advisor plan Primary Member may extend coverage to his or her Eligible Family Members (as defined below) (together with the Primary Member, each a “Plan Member” and collectively the “Plan Group”). The “Effective Date” for each Plan Member other than the Primary Member shall be the date on which the Primary Member elects to extend coverage to such Plan Member.
For the purposes of this Agreement, the term “Eligible Family Member” shall include:
(i) The Primary Member’s spouse or domestic partner;
(ii) Any dependent who is under the age of 23;
(iii) Any dependent child, regardless of age, who is incapable of sustaining employment by reason of mental or physical disability; and
(iv) Any dependent individuals living in the Primary Member’s home such as a parent or grandparent.
Each Eligible Family Member to whom you extend coverage under this contract is bound by the terms of this contract.
3. Benefits of Legal Plans. The Legal Plans provide the following benefits:
a. Membership in a Legal Plan provides the following benefits (collectively, the “Plan Benefits”):
(i) Telephone consultations with the Firm, during normal business hours, of up to one half (1/2) hour each, limited to one consultation per Plan Group for each new legal matter. The Plan Member must schedule a consultation by contacting the Firm and the Firm shall schedule a telephone consultation within seven (7) business days. If the Firm determines after the initial consultation that a telephone call or letter would be of further assistance to a Plan Member, we, in our sole discretion, may provide, at no additional charge one telephone call or a letter of up to two (2) pages on the Plan Member’s behalf.
Telephone consultations may not include discussion of any of the following:
- Tax-related matters;
- Securities matters;
- Patent matters;
- Social Security matters,
- Medicare and or Medicaid matters;
- Personal injury matters (except the Firm shall refer all personal injury matters to another law firm and may receive a referral fee in accordance with the Wisconsin Rules of Professional Conduct for Attorneys);
- Worker’s compensation matters;
- Torts matters;
- Insurance matters;
- Environmental matters;
- Health care matters;
- HIPAA matters;
- Advertising law matters;
- Admiralty law matters;
- Agency law matters;
- Alcohol law matters;
- Animal law matters;
- Antitrust law;
- Art law;
- Aviation law;
- Banking law;
- Bankruptcy law;
- Class actions;
- Communications law;
- Computer law;
- Cyber law;
- Derivatives and futures law;
- Employment law matters;
- Product liability law;
- Administrative law;
- Any other laws not specifically cited on the Firm’s website;
- Laws outside the jurisdiction of Wisconsin, except some international law matters solely pertaining to business formation and or offshore trust formation;
- Personal Advisor Plan Members may not consult about matters related to any Plan Member’s business. Business coverage is provided in the Business Advisor Plan membership.
(ii) Review by the Firm of legal documents of up to ten (10) pages, limited to review of one (1) document per Plan Group for each new legal matter. Documents for review shall not exceed 8.5in x 11in and shall require a minimum of 12 point font. Double sided documents shall not qualify for review under the Legal Plans. Should the Plan Member elect that we review a document under the Plan that exceeds 10 pages in length, the Attorney shall bill the Plan Member at flat fee rate according to the following: 11-15 pages shall be billed a flat fee of $49.00, 16-20 pages shall be billed an flat fee of $80.00. Any document over 20 pages shall be billed at the Firm’s hourly rate at that date, currently the hourly rate is $250.00 per hour. In addition, the Firm shall provide one (1) telephone consultation, during normal business hours, up to 30 minutes, about the reviewed document, and a brief written summary of a paragraph or less of such consultation via email or Slack or other form of communication. The Firm shall schedule such telephone consultation within seven (7) business days of reviewing the document.
(iii) A Personal Advisor Plan Member may request to receive one basic online will; however, the member must be enrolled in the program for a minimum of 1 year or pay for a recurring 1 year subscription prior to receiving an online questionnaire to complete his or her will. The Plan Member must request this benefit in writing via letter, email, Slack, or other form of communication used by the Firm.
(iv) Personal Advisor Plan Members may request one Statutory Wisconsin Power of Attorney for Health Care and or one Statutory Power of Attorney for Finances; however, the member must be enrolled in the program for a minimum of 1 year or pay for a recurring 1 year subscription prior to receiving an online questionnaire to complete his or her power of attorney. The Plan Member must request this benefit in writing via letter, email, Slack, or other form of communication.
(v) Business Advisor Plan Members may request one drafted contract or agreement every four (4) months while subscribed to the Plan. Plan Members shall have the option of receiving one of the following documents: (a) Independent Contractor Agreement, (b) Non-Disclosure or Confidentiality Agreement; (c) Service Agreement, (d) Short Form Licensing Agreement, (e) Asset Purchase and Sales Agreement, (f) Web Design Agreement, (g) Promissory Note. None of these contracts or agreements shall exceed five (5) pages in length.
(vi) Business Advisor Plan membership includes one initial appearance at small claims court for any action against the covered business. Additional appearances require a separate fee agreement.
(vii) Legal Plans membership includes appearances at municipal court hearings within 75 miles of Milwaukee, Wisconsin. This provision is applicable ONLY if the Plan Member submits the citation or citations to the Firm within five (5) calendar days of receiving such citation or citations. This provision shall NOT include any administrative hearings involving implied consent or testing in first offense Operating While Intoxicated (OWI) matters. This provision shall include appearance at the pretrial hearing in municipal court ONLY for first offense OWI. This provision does NOT include appearance at any trial, if the Plan Member chooses to go to trial, the Plan Member must pay the determined flat fee for such representation to the Firm before such appearance and or work shall be done on preparing for trial. Business Advisor plan members please take notice that this provision only applies to municipal citations against the business.
(viii) Legal Plans membership includes appearances at juvenile court hearings within 75 miles of Milwaukee, Wisconsin. This provision is applicable ONLY if the Plan Member submits the juvenile complaint or complaints to the Firm within five (5) calendar days of receiving such charges. This shall not include felony offenses nor any trial appearances. If the Plan Member chooses to have the Firm, represent him or her on a felony offense or go to trial, the Plan Member must pay the determined flat fee for such representation to the Firm before such appearance and or work shall be done on preparing for trial. This benefit extends to the Personal Advisor and Business Advisor plan members dependents who are under seventeen (17) years old.
(ix) Legal Plans membership includes attending one residential and or commercial real estate closing ever four (4) months, limited to 1.5 hours worth of travel and appearance time, any time above 1.5 hours shall be billed at attorney’s hourly rate at that time, which the current hourly billing rate is $250.00.
(x) Once during each membership year, the Primary Member shall be entitled to a legal check-up (the “Annual Legal Check-Up”). The Annual Legal Check-Up is intended to provide the Primary Member with an (a) assessment of his or her legal profile and recommendations based on significant issues or gaps or (b) update of a previous Legal Check-Up considering changes in life, circumstances, legal profile, and applicable law. The Legal Check-Up shall include a telephone consultation or video conference, during normal business hours, of up to one (1) hour to discuss the Primary Member’s legal portfolio, potential updates over the previous year, and recommendations. The Firm shall provide a written summary of the consultation and any recommendations to the Primary Member’s legal documents or strategies through a paragraph or less sent to the Primary Member through email, Slack, or other form of communication. The Annual Legal Check-Up shall become available to a Primary Member only after six (6) months of membership in the Legal Plan;
(xi) If a Plan Member engages the Firm for services that are not included in the Plan Benefits described in subsections (a)(i) – (a)(x) above, the Firm shall provide such legal services at a twenty-five (25%) discount from the Firm’s standard rates for representation, the Firm’s current standard hourly rate is $250, but may change without notice, the Plan Member shall also receive the discount on any such flat fee services, except the Plan Member shall not receive a discount on our filing fees, any court costs, travel and transportation expenses, nor any applicable state or federal government filing, petition, or application fees. The Plan Member is always solely responsible for any fees above in this provision;
(xii) Nothing in the Legal Plans or this Agreement shall be construed to limit the right of a Plan Member to retain, at his or her own expense, another law firm or other professional advisory service. We shall not be obligated to pay for any such services.
4. Conflict Checks. Please note that the Firm will conduct a conflict check before engaging in any of the services above.
5. Plan Members Obligations for Plan Benefits. For the Plan Benefits described above, we may require you to meet at one of our office locations, or another location convenient to us, or may require a telephonic consultation, or may require you to upload and or download documents from our secure client portal. The Firm will select an attorney for you or may use contract or freelance attorneys to fulfill these services.
6. Legal Plans Coverages. The Legal Plans cover the following areas of law:
a. Membership in a Legal Plan covers the following areas of law (collectively, the “Plan Practice Areas”):
(i) advice, consultations, document review and drafting, on small claims matters, business law, estate planning, asset protection and offshore trusts, family law, municipal, civil, juvenile and criminal matters, landlord tenant law, real estate law, mediation or arbitration, trademark and copyright law, US immigration and nationality law, and international law subject to Section 2(a)(i)(32).
7. Exclusions; Conflicts. The following items and matters are specifically excluded from the Legal Plans, and are not to be considered or treated as Plan Benefits:
(i) All areas of law under Section 2(a)(i)(1-33);
(ii) the Firm will not represent, speak for, appear for or sign papers on any Plan Members behalf in any litigation in any state or federal proceeding;
(iii) the Firm will not provide litigation services of any kind, whether in court, arbitration, administrative hearings, or government agency hearings, except as expressly stated in Section 2(a)(vi)-(viii);
(iv) Any action that directly or indirectly involves the Firm or any of its attorneys, employees, or independent contractor/freelance attorneys;
(v) For employer-sponsored Legal Plans, any action by a Plan Member of such program that directly or indirectly involves his or her employer sponsor;
(vi) Any adversarial action by a Plan Member that directly or indirectly involves any other Plan Member in any Plan Group;
(vii) Any action based on acts or occurrences that are alleged to have occurred or conditions that were reasonably anticipated or foreseeable before the Plan Member’s enrollment that did or may give rise to a lawsuit by or against such Plan Member;
(viii) Any action that resulted in the prior recruitment or retention by the Plan Member of another attorney and that attorney has not withdrawn from the representation;
(ix) any letter, motion, memorandum, brief, deposition, interrogatories, investigations, and or travel expenses related to any court appearance, court costs and filing fees, process service fees, witness and subpoena fees, photocopies, long-distance telephone calls, legal research and analysis not covered under the Legal Plans, any reasonable costs and expenses to use express mails, translation of documents, recordation, and any other unforeseen work that may be necessary to provide benefits under the Legal Plans;
(x) Any matter involving the laws of jurisdictions outside of the State of Wisconsin, except the Firm at its discretion will decide under the Business Advisor Plan to provide advice on offshore trusts or international law;
(xi) Any appeal to an appellate or supreme court (i.e., not a trial court);
(xii) Any federal law, except immigration law.
(xiii) Any matter that, in the Firm’s opinion, is frivolous in nature or objective; or
(xiv) Any case matter or requested service that is determined by the Firm to lack sufficient merit to warrant pursuit, or that the Firm decides has been raised an inordinate or unreasonable number of times without a change in circumstances.
8. Adverse Interests between Primary Member and Plan Group. If the interests of the Primary Member of a Plan Group are adverse to those of another Plan Member in that same Plan Group, only the Primary Member is entitled to receive the applicable Plan Benefits.
9. Costs. The Firm is authorized to incur reasonable costs and expenses to provide benefits under the Legal Plans and shall bill on a monthly basis for such costs as described in Section 7(ix). The Firm shall not accrue costs of over one hundred dollars (US$100.00) without obtaining the Primary Plan Member’s consent.
10. Consent and Communication: The Plan Members agree to communicate with the Firm and update the Firm on any change of address, telephone number, and or any extended period of travel. The Plan Members agree to use their best reasonable efforts to communicate with the Firm and to use the Firm’s choice of communication between itself and the Plan Members. The Plan Members understand that their signatures may be needed to achieve some of the Legal Plans benefits and shall have the sole responsibility to make sure that the documents are signed in the appropriate manner to make them legally binding. The Plan Members consent to having the Firm choose the form of communication between the Plan Members and itself.
11. Not Insurance. The Legal Plans offered through Subhan Law Office, LLC, are not contracts of insurance or indemnification insurance plans. We are not an insurance company and we do not guarantee legal representation in every situation. The Legal Plans provide our Plan Members with access to subscription based legal services under the Legal Plans and or discounted legal services from the Firm.
a. General Practices.
You acknowledge that Subhan Law Office, LLC, may establish general practices and limits concerning use of its Legal Plans, including without limitation the maximum number of complimentary attorney consultations you may receive in a given period of time related to one or all subjects.
b. Right to Change Practices.
You acknowledge that we reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice. However, you have the right to cancel your membership should we materially decrease benefits.
c. Responsibility for Misuse.
You are responsible for all expenses incurred or other actions that may occur through your use of a Legal Plan. You must immediately alert us of any fraudulent, unauthorized, illegal, or suspicious use of a Legal Plan, or any other breach of security or unauthorized or illegal activity that you reasonably suspect.
13. Authority to Enter Agreement. If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the legal authority to bind such entity to these terms, in which case the terms “you” or “your” shall refer to such entity. If you do not have such authority or if you do not agree with this Agreement, you may not sign up for or use any Legal Plan. If after your purchase we find that you do not have authority to bind the entity for which you ordered, you will be personally responsible for the obligations in this Agreement and the order you placed, including without limitation, the payment obligations. We are not liable for any loss or damage resulting from our reliance on any instruction, notice, document or communication, reasonably believed by us to be genuine and originating from an authorized representative of your company. If there is reasonable doubt about the authenticity of any such instruction, notice, document, or communication, we may, but are not obliged to, require additional authentication from you.
14. Plan Members Duties. You agree to fully cooperate and assist your attorney in providing you with any benefits under your Legal Plan. You shall provide prompt updates and disclosure of information known or available to you that are relevant to the benefit you are seeking under the Legal Plan. Your obligations include, but are not limited to, providing prompt payment under your Plan, providing requested information and documents within a timely manner upon request, cooperating in scheduling telephone consultations, responding timely to telephone calls and correspondence, and informing us of any changes in your address and telephone numbers. Failure to fulfill your responsibilities may result in termination or cancellation of the representation under the Legal Plan.
a. Legal Plan Membership Fees.
You will be charged in accordance with the billing terms in effect at the time of your initial purchase, unless you are notified of a fee change in accordance with “Fee Adjustments” below. For any Legal Plan you purchase that is charged in full upon purchase, you agree that for each renewal term for such Legal Plan, the amount due for the next term will be due and immediately payable in full as of the first day of that renewed term. For each Legal Plan, your charge remains for each term no matter if you access the Site during that term. In other words, EVEN IF YOU DO NOT USE THE LEGAL PLAN BENEFITS OR SPEAK WITH AN ATTORNEY, YOU WILL BE RESPONSIBLE FOR ANY PLAN MEMBERSHIP FEES UNTIL YOU CANCEL YOUR MEMBERSHIP OR IT IS OTHERWISE TERMINATED. For more information regarding canceling your Legal Plan subscription, see the “Termination or Cancellation” section below.
YOU ACKNOWELDGE THAT ALL FEES DUE THE FIRM UNDER THE LEGAL PLANS SHALL BE ACCEPTED AS A FLAT FEE AND DEPOSITED INTO THE ATTORNEY’S OPERATING ACCOUNT UNDER THE PROVISIONS OF WISCONSIN SUPREME COURT RULE 20:1.5(G)(1-4) AND OR ANY AMENDMENTS, REVISIONS, OR SUPPLEMENTS THERETO.
b. Billing and Recurring Subscription.
To allow payment for the initial term of a Legal Plan, valid credit card information is due at the time of purchase.
If you have purchased an automatic renewing plan from us, your Legal Plan subscription will renew automatically at the end of the initial term (the “Billing Date”) and at the end of each term thereafter unless and until you give notice of your intention to terminate your Legal Plan subscription pursuant to the terms of this Agreement. If you do not give us notice of such intention, your credit card will be charged for the renewal term of your Legal Plan subscription on your Billing Date. If your purchase date is on the 29th through 31st day of any month, your Billing Date for renewals in months with fewer days will fall on the last day of the month. We may adjust your Billing Date in subsequent renewal periods without notice. This will be reflected by a charge to your account on a pro-rated basis according to the number of days that have passed since the Billing Date of your latest renewal charge. Unless otherwise notified in advance by us pursuant to this Agreement, the renewal charge will be equal to the original purchase price for the Legal Plan.
You agree to pay us the fees associated with your Legal Plan subscription. Additional discounts may be available for members purchasing multiple months up front, as part of certain promotions which may include additional terms and conditions presented with the offer. A schedule of fees for the Legal Plan subscriptions is set forth below:
Business Advisor membership: $99.99 per month
Personal Advisor membership: $49.99 per month
c. Notice of Automatic Renewal.
If applicable, we will send a reminder email to the email address of record for your account approximately one week before your Billing Date. You acknowledge and agree that this notice is provided as a courtesy only, and we are not obligated or required to provide such notice. You acknowledge and agree that (i) your failure to read, (ii) inability to receive, or (iii) the failure of the Firm to send the email does not create any liability on the part of the Firm or any third-party service provider.
d. Promotional Trial Memberships.
We sometimes offer certain customers various trial or other promotional memberships, which are subject to this Agreement except as otherwise stated in the promotional offers. AT THE COMPLETION OF A TRIAL MEMBERSHIP, UNLESS YOU CHOOSE TO CANCEL BY CALLING 414-223-5718, YOUR LEGAL PLAN MEMBERSHIP WILL RENEW AUTOMATICALLY AND YOUR CREDIT CARD WILL BE CHARGED TO BEGIN YOUR INITIAL TERM.
16. Refund of Unearned Fees. The Firm has an obligation to refund any unearned advanced flat fee, along with an accounting, at the termination of the representation. The Primary Member has the right to file a claim with the Wisconsin Lawyers’ Fund for Client Protection, if Attorney fails to provide a refund of unearned advanced fees.
17. Fee Adjustments. Subhan Law Office, LLC, may increase its fees for any Legal Plan membership effective the first day of a renewal term by giving you notice of the new fees at least thirty (30) days before the beginning of the renewal term. If you do not cancel your membership pursuant to Section 20, you shall be deemed to have accepted the new fee for that renewal term and any subsequent renewal terms (unless the fees are increased in the same manner for a subsequent renewal term). Reductions in fees become effective on the next renewal term without any pro rata for the period covered under the prior fee schedule.
18. Cloud based Technology and Document Retention. Plan Members agree to the use of cloud based technology in the representation of any benefit under the Legal Plan including, but not limited to: receiving and sharing documents, emails, and any other form of correspondence. All files received from any source in connection with your Legal Plan will be scanned to Printable Document Format (PDF). Plan Members agree to have the Firm keep all files in the cloud until the statute of limitations expires, or longer per the Firm’s discretion, unless the Firm terminates the cloud based service, in which case the Firm shall store the Plan Members files on hard copy until required to do so by legal ethics rules. Your information will be kept confidential and you will have access to a digital downloadable version of your file at the termination or conclusion of your representation.
19. Representation. Plan Members understand that the Firm has made no promises, assurances, or guarantees as to the outcome of any benefit received under the Legal Plans. Payment is not contingent on the outcome of any benefit. The Primary Plan Member has read this agreement and has had the opportunity to discuss it with an attorney before purchasing a Legal Plan under this Agreement. The Primary Member understands, agrees, and accepts all of the terms within this agreement.
20. Termination or Cancellation.
a. By Subhan Law Office, LLC.
(i) If payment is not made on the Billing Date, as described in Section 15 above, you will have until the one (1) month anniversary of your Billing Date to correct the credit card information on file and post a payment to your account. If after the expiration of this grace period you have not made any payment on your Legal Plan membership, your non-payment may result in suspension of service and subsequent termination of your Legal Plan membership.
(ii) Your right to use a Legal Plan membership is subject to any limits established by us or by your credit card issuer. If payment cannot be charged to your credit card or your charge is returned for any reason, including through a chargeback, Subhan Law Office, LLC, reserves the right, in its sole and absolute discretion, to suspend or terminate your access and account, thereby terminating this Agreement and all obligations of Subhan Law Office, LLC, hereunder. If a charge made to your credit card is declined, we may make up to five (5) attempts to bill that card over a thirty (30) day period.
(iii) If you wish to reactivate your account after such termination, there will be no setup or reactivation fees; provided, however, accounts terminated for non-payment will be reactivated only on receipt of the full amount past due and a written request to reinstate the account. When an expired account is reactivated, the new term begins on the date of reactivation.
b. By Subscriber.
(i) After you have received this Agreement via email confirmation, or other means of communication, you have ten (10) days in which to examine it. If during this period you decide that you are not satisfied with the Agreement, you may return the Agreement to us and have any prepaid amounts refunded. If the Agreement is returned and you have not sought legal services pursuant hereto within this time period, the Agreement shall be void from the beginning and the parties shall be in the same position as if this Agreement had not been issued.
(ii) You will have the right to cancel your Legal Plan membership by calling our office at (414) 223-5718. After such cancellation, your Legal Plan will remain active until the end of then-applicable period.
c. Services after Termination.
After termination of your Legal Plan membership, either by you or by Subhan Law Office, LLC, you will not be able to access the corresponding Legal Plan offerings; provided, however, that any access rights to a Legal Plan granted you through a separate channel (e.g., through another Legal Plan membership) will remain in full force and effect unless and until separately terminated or cancelled.
21. Dispute Resolution. The parties agree to arbitrate all disputes and claims pursuant to this agreement according to our Terms of Service, which I acknowledge that I have read and agree to all applicable supplemental terms, which are incorporated herein by reference.
22. Acknowledgment. YOU ACKNOWLEDGE THAT YOU HAVE FULLY READ AND UNDERSTOOD THIS AGREEMENT. YOU HEREBY AGREE TO THE TERMS AND CONDITIONS SET FORTH HEREIN AND ACKNOWLEDGE THAT YOU ARE FREELY, INTELLIGENTLY, AND VOLUNTARILY ENTERING INTO THIS AGREEMENT.