VSPA Foundation Legal Benefits

The Association will provide access to association counsel for civil claims, criminal investigations, charge of criminal conduct or administrative grievances under certain circumstances.

Representation Generally

Provision of Information – Members must cooperate with Association counsel during the representation of a covered occurrence by timely seeking or providing necessary information related to the occurrence, promptly responding to counsel contact, attending appointments and following directions of Association counsel related to the conduct of the representation.

Confidentiality – Applicable ethics rules prohibit Association counsel from taking direction from, or giving confidential information to, any third party or the Board, except upon written consent of the member. Members shall maintain attorney-client (member) confidentiality during the pendency of the representation of a covered occurrence, generally and at the direction of Association counsel.

Limited Waiver of Confidentiality– If a benefit or determination requires the vote of the Board, then the member will be requested to waive, in writing, attorney-client confidentiality in order to provide appropriate information to the Board to facilitate the vote. Execution of a waiver is at the option of the member. Information conveyed to the Board will be made under a non-disclosure agreement to be executed by each Board member.

Retained counsel – If a member retains counsel for any covered occurrence, either at the onset of the representation of Association counsel or at any time thereafter, the legal defense coverage may be withdrawn for the occurrence, in the discretion of Association counsel.

Discharge and Withdrawal – Members represented for a covered occurrence may discharge Association counsel at any time, although member understands that court rules might still require Attorney to file a motion to withdraw. Association counsel may withdraw at any time, at Association counsel’s discretion, if the members refuses to communicate with Association counsel, fails to cooperate with Association counsel’s representation for an occurrence or fails to follow Association counsel’s advice on a material matter, or any other fact or circumstance that would render Attorney’s continuing representation unlawful, unethical, or impractical. Association counsel may withdraw from representation of a member for any reason requiring a denial of legal defense benefits contained herein. Members agree to sign the documents necessary to permit Association counsel to withdraw.

Case Files – Member’s legal representation files will be kept in the Association counsel’s office for a limited time after completion of the case and destroyed at the discretion of Association counsel. Association counsel will examine all closed files in order to ascertain whether they contain original documents or other property of the member, in which case the member will be notified of the existence of those materials and given an opportunity to claim them prior to destruction. If a member desires the contents of the file, or anything contained in the file, he or she should obtain it promptly upon conclusion of the case.

Retainer Agreement – Members shall agree to execute a retainer agreement with Association counsel upon commencement of any representation described herein.