Question and Answers
These are our most Frequently Asked Questions ("FAQs"). If you have a question that is not answered here, please click on the "Contact Us" page and ask us! We will reply directly to your question and if the question helps to clarify an issue, we'll gladly post the question and answer here (or modify an existing question or answer).
1. Can anyone join?
2. Where are the attorneys located?
3. When does Membership begin?
4. When does a Member become eligible to use the 5 hours of legal services?
5. Can a Membership be cancelled?
6. What if a Member has an emergency requiring legal services during the first month of Membership?
7. Who can use the 5 hours of legal service?
8. Can a Member add any unused hours from one Cycle to another?
9. Can a Member give any unused hours from that Member’s Allocation to another Member?
10. Are there any hidden fees or charges?
11. How do you join?
12. What are the terms and consitions of the Member’s LSP?
13. Is a Member required to sign any other documentation?
14. How is a Member assigned to a Provider by Commonwealth?
15. Can a Member request a different Provider than the one that has been assigned by Commonwealth?
16. How can a person seeking to join Commonwealth’s LSP ensure that they are actually a Commonwealth Member?
17. How is payment made?
18. What if a Member makes a late payment or misses a payment?
19. What are pre-set hours for legal services?
20. What legal services are included with pre-set hours?
21. How can a Member use their 5 hours of legal service?
22. Can a Member get legal services that are not on the list?
23. Is a Member billed for legal consultations?
24. Are any legal services excluded?
25. Can a Member actually have two last will and testaments drafted by an attorney?
26. Are drafting irrevocable and revocable trusts by an attorney the same as for the last will and testaments ?
27. What if Actual Time exceeds a Member’s Allocation of five hours?
28. What about a health care proxy and living will?
29. Can a Member get a form for a Power of Attorney?
30. Is it true what I’ve read that a residential real estate closing is included?
31. What if the residential real estate closing involves only a deed transfer between family members?
32. Is a commercial real estate closing included too?
33. Is a Member covered for criminal issues as well?
34. What is an arraignment?
35. Will a Commonwealth Provider represent a Member at an arraignment?
36. What if the traffic infraction does not involve an arraignment?
37. Do building violations usually involve a court appearance by an attorney?
38. Can a Member form a corporation or have corporate shareholder agreements, amendments or filings drafted by an attorney?
39. Can a Member have corporate or contractual services performed by an attorney?
40. Can a Member get a divorce under the LSP?
41. What if the divorce is contested or there is a child custody case?
42. Can a Member be represented in a small claim?
43. Can a Member be represented in a bankruptcy claim?
44. Can a Member be represented to settle credit card or other debts?
45. Can a Member be represented in a contingency case?
46. What is your Privacy Policy?
1. Can anyone join?
Yes, any person can join at any time (corporations are not eligible to be Members). Although Commonwealth was originally created to serve the members of labor unions and trade associations and other large groups in the tri-state New York metropolitan area, Commonwealth's overwhelming acceptance by people in need of legal assistance and success has enabled it to permit any person to join. Commonwealth's original low price ensured that all Members of large groups received high quality legal services at affordable rates. Of course, it is more cost effective for Commonwealth to administer large groups of individuals as Members. When Commonwealth made its LSP available to individual Members, it had to charge a slightly higher, albeit still extremely affordable price. As a result, Commonwealth and its administrators may continue to offer large groups of individual Members special discounts to reflect the cost efficiency of administering large groups of Members. However, Commonwealth and its administrators may, from time to time, offer promotional discounts that are usually available only for its largest groups of Members to individuals as well.
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2. Where are the attorneys located?
Commonwealth’s Providers are located in many jurisdictions throughout the country. Commonwealth is a young, vibrant and fast growing company. However, our growth is dependent upon our review and selection of highly qualified attorneys in each jurisdiction in which we operate. We fully expect to have Providers in every jurisdiction. Until that time, when a prospective Member calls to join, if we are not presently in that prospective Member’s jurisdiction, they will not be able to join. However, we will take the prospective Member’s contact information and notify him or her once we have a qualified Provider available in that jurisdiction. Then that prospective Member can decide whether or not to join at that time.
3. When does Membership begin?
Membership officially starts (i.e., the first date of Membership) on the first day of the month following the month you join. For example, if you join in the middle of the month, April 15, then your first date of Membership is May 1.
4. When does a Member become eligible to use the 5 hours of legal services?
Anytime after (but including) the first day of the month following the first date of Membership, a Member is eligible to receive up to 5 hours of legal services (the “Member’s Allocation”) during the 12 month period (the “Cycle”) following the first date of Membership. For example, if you join in the middle of the month, April 15, then your first date of Membership is May 1 (your Cycle commences on May 1 and expires on April 30 of the following year) and your first date of eligibility to use your Member's Allocation is Jun 1.
5. Can a Membership be cancelled?
Yes, Commonwealth gives the Member the right to terminate the Membership at any time within the first 15 days from the first date of Membership (but excluding the fifteenth day) without penalty (that’s why a Member is not eligible for legal services until after the first full month of Membership). For example, if you join in the middle of the month, April 15, then your first date of Membership is May 1 and you may cancel your Membership at any time from the day you join (April 15) through (but excluding) May 15. If a Member cancels Membership within the permitted time, the Member will receive a full refund of any money paid to Commonwealth through the date of cancellation.
6. What if a Member has an emergency requiring legal services during the first month of Membership?
A Member can terminate Membership at any time within the first 15 days from the first date of Membership (but excluding the fifteenth day) without penalty. As a result, a Member cannot use the Member's Allocation until after (but including) the first day of the month following the first date of Membership. To avoid having a situation occur where an individual requires legal services during the first month of Membership, Commonwealth encourages potential Members to join as soon as practicable so that a Provider is retained and available for the Member's use. For example, if you join in the middle of the month, April 15, then your first date of Membership is May 1 and your first date of eligibility to use your Member's Allocation is Jun 1. If you think that you may need legal services at any time prior to the first day of the month following the first date of Membership (in our example, Jun 1), simply join as soon as possible. It would be better to have an attorney retained to assist you sooner rather than later and you continue to have representaion until the end of your Cycle (in our example, April 30 of the following year).
7. Who can use the 5 hours of legal service?
A Member can share any or all of their Member’s Allocation with a spouse and dependent unmarried children. Although our Member's LSP Application does not require proof of relationship, our Providers wil require proof upon a Member's use of the Member's Allocation for a claimed spouse or dependent unmarried children.
8. Can a Member add any unused hours from one Cycle to another?
No, any hours of legal services of a Member’s Allocation not used by a Member during a Cycle are not accrued for the next Cycle.
9. Can a Member give any unused hours from that Member’s Allocation to another Member?
No, a Member cannot share any part of their Member’s Allocation with anyone other than the Member’s spouse or dependent unmarried children.
10. Are there any hidden fees or charges?
No, Commonwealth’s Providers receive a fee each month (the “Fee”) that is a percentage of the total amount paid by the Member for legal services for each Member assigned to them. The Fee is for legal services ONLY. All third party fees, court fees, filing fees, taxes or charges required in connection with the legal services provided are paid directly and separately by the Member and are not included as part of the Fee. Commonwealth serves as an administration service provider to administrate the LSPs on behalf of the Providers. Commonwealth facilitates the LSP documentation for Membership matters as well as assists the Providers with the collection of Fees. Commonwealth receives a fee each month that is also a percentage of the total amount paid by the Member for its administrative services. Therefore, the total amount paid by the Member is inclusive of the Fee and all administrative charges for the Member's Allocation ONLY. All third party fees, court fees, filing fees, taxes or charges required in connection with the legal services provided are extra. Please note that Commonwealth reserves the right to change the amount it charges its Members at any time; provided however, that all Members who joined (or renewed their Membership) prior to such rate change will pay amount in effect at the time that they joined (or renewed their Membership) for the Cycle in effect.
11. How do you join?
To join, all a Member has to do is (i) complete the Member’s LSP Application and (ii) pay Commonwealth.
12. What are the terms and conditions of the Member’s LSP?
The Member’s LSP is essentially an earned fee agreement whereby the Member’s payment belongs to Commonwealth (for administrative services) and the Provider (for legal services) when the payment is made and funds become immediately available to both Commonwealth and the Provider and are non-refundable to the Member. The Member is required to make all of the 12 monthly payments required during the Cycle. If a Member terminates the Membership after the first 15 days of Membership (including the fifteenth day) or fails to make any monthly payment when due, the Member will still be liable to Commonwealth for the balance of remaining payments (together with any late fees or re-activation fees, if applicable) due for the Cycle which, upon such termination, are immediately due and payable.
13. Is a Member required to sign any other documentation?
Depending on the type of legal services provided, the Member may be required, by law, to sign an additional retainer agreement of the Provider related to the specific services provided at the time such services are actually performed.
14. How is a Member assigned to a Provider by Commonwealth?
When a Member joins, Commonwealth assigns the portion of the fee payable by the Member to Commonwealth that represents the legal fee payable to a Provider that is in the geographic vicinity of the new Member and may be called upon by a Commonwealth Member to provide legal services. As a result, Commonwealth has many Providers retained by it to fulfill all of Commonwealth's Members' legal needs required to satisfy the Members' Allocations. When a Member has a legal issue, he or she calls Commonwealth and requests legal services. A Commonwealth legal assistant will return the Member's call to discuss the legal issue with the Member. The legal assistant then reviews the legal matter with a Provider to determine the best type of Provider suited to the Member's specific legal issue. Based upon the Member's specific legal needs and geographic considerations, Commonwealth assigns the Member to a Provider that is best suited to help the Member. The Provider assigned by Commonwealth will then contact the Member.
15. Can a Member request a different Provider than the one that has been assigned by Commonwealth?
Yes, after a Member has been assigned to a Provider by Commonwealth and the Member has met with the Provider and the Member wants to change the Provider (for any reason), the Member can call Commonwealth and request that a different Provider be assigned (at any time); provided however, that the Member may be billed for Actual Time (deducted from the Member's Allocation) for any services performed by the Provider initially assigned to the Member by Commonwealth.
16. How can a person seeking to join Commonwealth’s LSP ensure that they are actually a Commonwealth Member?
Easy! To ensure that you are a Commonwealth LSP Member you should make sure that (i) you sign the Commonwealth Member’s LSP Application; (ii) you make payments only to Commonwealth (no Provider or Qualified Administrator is permitted to accept Member payments); and (iii) your Membership card and account number information is accessible on Commonwealth’s website.
17. How is payment made?
Membership payments are due quarterly in advance and must be made prior to the 1st day of the month for which such payment is due; provided, however that payment of the balance due for the Cycle in effect must be made prior to a Member using any legal services during the Cycle. Payments may only be made by credit card. (Occasionally, a Member paying for the Cycle in advance may also pay by check or money order.) For example, if you join in the middle of the month, April 15, then your first quarterly payment is due at the time you join and the following quarterly payments would be due prior to August 1, November 1 and February 1 respectively, provided however, that any quarterly balance due is immediately payable at the time you use your any of your Member's Allocation. With so many bills to pay, it’s easy for one to occasionally slip your mind. To make things easier, Commonwealth bills a Member’s credit or debit/ATM card automatically when a payment is due. With automatic payments, Members have one less bill to worry about and great legal coverage to boot!
18. What if a Member makes a late payment or misses a payment?
For convenience, Commonwealth always sends a reminder email before it bills a Member’s account. If Commonwealth is unable to withdraw payments because of insufficient funds or incorrect billing information, a Member’s payment will be considered late. In order to avoid this situation, a Member must make sure to plan ahead and keep Commonwealth updated on any changes to billing info. If Commonwealth is unable to charge for a payment due, it will email a Member to advise that a payment is late. If a Member is only a couple of days late with a payment, Commonwealth will simply send a reminder and the Member will be required to pay a late fee of $4.99 together with the outstanding payment due. However, be advised that if we haven’t received a Member’s payment after 30 days of the due date, the Member’s account will be canceled and the Member will remain liable for all remaining payments (including the late fee) that will then be immediately due and payable because of the Member’s failure to pay. If the Member subsequently seeks to re-activate the account, a reactivation fee of $19.99 is added to all outstanding payments due. Because we don’t want to ever have to cancel a Member’s account, Commonwealth makes it easy for a Member to check when your next payment is due by checking the Member’s account status online.
19. What are pre-set hours for legal services?
To ensure that our Members have access to valuable benefits that cover the most common personal legal needs encountered by our Members and their families, Commonwealth has created a list of some common legal services and set standard times billed by the Providers for such services. For example, a Member can get 2 wills (one for a Member and one for their spouse) or 1 residential real estate closing or other similar legal services that would easily cost at least $1,500!
20. What legal services are included with pre-set hours?
Commonwealth Providers offer many legal services having a set number of hours associated with each legal service, including:
Civil Matters
• last will and testament
• irrevocable and revocable trusts
• health care proxy/living will
• power of attorney
• real estate transfers or closings
• residential or commercial real estate transactions
• building violations
• standard contract preparation and/or review (including leases)
• family law (uncontested divorce, child support/child custody)
• corporate formations, amendments, filings, and shareholders agreements
• small claims
• personal bankruptcy filings (Chapter 7 or 13)
• debt settlement
Criminal Matters
• arraignment
• misdemeanor
• criminal defense
• traffic infractions
Contingency Cases (Personal Injuries)
• products liability
• medical malpractice
• construction accidents
• cases against towns/villages and cities
• brain injuries
• dog bites
• burn injuries
• motor vehicle accidents
• slip, trip and fall
• pedestrian knockdowns
• wrongful death
• nursing home accidents
• birth injuries
• injuries to children
21. How can a Member use their 5 hours of legal service?
Commonwealth Providers offer many legal services having a set number of hours associated with it. In the event that (i) there are complexities involved with a legal service that are not included in the LSP,or (ii) a Member desires that the Provider perform legal services not offered in the LSP, or (iii) the Member simply wants more legal services (i.e., greater than the Member’s Allocation during a Cycle), then the Member will be billed at a special discounted rate (then in effect) available only to Members (and prorated for each portion thereof) (the “Discount Rate”) (no additional administration services will be required or billed in connection with Discount Rate). In each situation requiring that the Member be billed at the Discount Rate, the Member will be billed for the actual time billed by the Provider for its legal services (“Actual Time”) and not based upon a set number of hours (as occurs in the case of the LSP’s common services provided).
22. Can a Member get legal services that are not on the list?
Yes, although there are many basic legal services offered in the LSP with a set number of hours associated with it, a Member may request any legal service that is not excluded. In the event that a Member requests a legal service not included in the LSP, the Member will be billed at the Discount Rate for the Actual Time for services performed but will be charged an additional amount (i.e., greater than the Fee) only if (and to the extent that) the Actual Time exceeds the Member’s Allocation.
23. Is a Member billed for legal consultations?
A Member will not be billed for any consultation provided in connection with a legal service; provided however, that the Member uses the legal service related to the consultation. In the event that the Member consults with a Provider on a matter and then does not use a related legal service, such Member will be charged for Actual Time in connection with such consultation to be deducted from such Member’s Allocation. In no event will any single consultation without the performance of related legal services exceed the Member’s Allocation.
24. Are any legal services excluded?
Yes, Providers WILL NOT perform legal services in connection with any of the following, including, without limitation: any legal action, defense, or position in litigation, merely for the purpose of harassing or maliciously injuring any person; any claim or defense in litigation that is not warranted under existing law, unless it can be supported by a good faith argument for an extension, modification, or reversal of existing law; any position contrary to a withdrawal required by any tribunal; claims or defensesthat are illegal; claims or defenses that will result in a violation of any rule or law; claims or defenses that are frivolous;claims or defenses that are fraudulent; claims or defenses that are a conflict for the Provider; claims or defenses that are against Commonwealth or a Provider; claims or defenses that are against a Member; serious felonies; employment law matters; workers’ compensation law matters; tax law matters; and patent law matters.
25. Can a Member actually have two last will and testaments drafted by an attorney?
Yes, since the pre-set legal services list provides that the consultation and interview, preparation, drafting, notarization and review with a Member of a standard last will and testament (excluding any trust or similar complexity) is 2½ hours of legal services, a Member can use the 5 hours of the Member’s Allocation and have one made for a spouse too!
26. Are drafting irrevocable and revocable trusts by an attorney the same as for the last will and testaments ?
No, due to the potential complexity involved with trusts, the consultation and interview, preparation, drafting, notarization and review with a Member of any trust (irrevocable or revocable) is the greater of five (5) hours of legal services or Actual Time.
27. What if Actual Time exceeds a Member’s Allocation of five hours?
In any case where Actual Time exceeds the Member’s Allocation, the Member will be charged an additional amount (i.e., greater than the Fee) only for such excess amount (to the extent that the Actual Time exceeds the Member’s Allocation) billed at the Discount Rate. For example, assume a Member requests a service that requires 6½ hours of legal services during the Cycle. The Member would pay the Fee plus an additional amount for the extra 1½ hours (billed at the Discount Rate) for the 6½ hours.
28. What about a health care proxy and living will?
The consultation and interview, preparation, drafting, notarization and review with a Member of a standard health care proxy and living will is 2 hours of legal services.
29. Can a Member get a form for a Power of Attorney?
No, unlike other legal service plans that will give their members forms to be completed by the member, Commonwealth Providers will provide a Member with a consultation and interview, preparation, drafting, notarization and review with of a standard health care proxy and living will for 2 hours of legal services.
30. Is it true what I’ve read that a residential real estate closing is included?
Yes, the consultation and interview, preparation, negotiating, drafting, notarization, filing and review with a Member in connection with a basic residential real estate closing is only 5 hours of legal services.
31. What if the residential real estate closing involves only a deed transfer between family members?
The consultation and interview, preparation, drafting, notarization, filing and review with a Member of a real estate deed transfer for no consideration (usually intra-family) is 1½ hours of legal services.
32. Is a commercial real estate closing included too?
No, due to the potential complexity involved with commercial real estate transactions, the consultation and interview, preparation, negotiating, drafting, notarization, filing and review with a Member in connection with a commercial real estate closing is the greater of 5 hours of legal services or Actual Time.
33. Is a Member covered for criminal issues as well?
Yes, Members may be represented by a Commonwealth Provider at an arraignment of criminal charges as well as for related misdemeanors and criminal defenses for traffic infractions (including driving while intoxicated or under the influence of drugs or alcohol).
34. What is an arraignment?
An arraignment is a formal reading of a criminal complaint against a defendant to inform the accused of the charges and to have the accused enter a plea to the charges.
35. Will a Commonwealth Provider represent a Member at an arraignment?
In most jurisdictions, an attorney who represents a client at a criminal arraignment may be obligated to represent the client for legal services for crimes charged to the client in addition to the arraignment itself. Any court appearance by a Provider for a Member is 5 hours of legal services regardless of the amount of time spent by the Provider to travel to court, while in court (“Court Time”), or the related work required by the Provider prior to the court appearance. Since Court Time equals a Member’s Allocation during a Cycle, any additional court appearances requested by a Member during the same Cycle would be billed at the Discount Rate for Actual Time. Therefore, if a Member requests that a Provider represent him or her in a criminal arraignment and the Provider will be obligated to represent the Member beyond the Member’s Allocation, the Member will be advised accordingly. (The Provider will advise the Member in advance of the arraignment of the Member's right to hire other counsel or to retain the Provider for legal services billed at the Discount Rate for Actual Time for any services provided in addition to the arraignment in the Member's current Cycle.)
36. What if the traffic infraction does not involve an arraignment?
Traffic infractions typically involve the consultation and interview, research, preparation, drafting of an answer to a summons and the appearance by an attorney with a Member before a judge in court. Therefore, any Member’s violations or infractions scheduled for a single court appearance is equal to Court Time regardless of the amount or number of violations or infractions of such Member. Any additional legal service requested or required by a Member during the same Cycle would be billed at the Discount Rate for Actual Time.
37. Do building violations usually involve a court appearance by an attorney?
Yes, building violations typically involve the consultation and interview, research, preparation, drafting of an answer to a summons and the appearance by an attorney with a Member before a judge in court. As with any court appearance for a Member, any Member’s building violations scheduled for a single court appearance is equal to Court Time regardless of the amount or number of violations of such Member. Any additional legal service requested or required by a Member during the same Cycle would be billed at the Discount Rate for Actual Time.
38. Can a Member form a corporation or have corporate shareholder agreements, amendments or filings drafted by an attorney?
Yes, the consultation and interview, preparation, drafting, filing and review with a Member of a corporate formation is 2½ hours of legal services. Since the nature of corporate amendments, shareholder agreements and filings can vary greatly, the consultation and interview, research, preparation, drafting, filing and review with a Member of a corporate amendment, shareholder agreement or filing is the greater of 2½ hours of legal services or Actual Time.
39. Can a Member have corporate or contractual services performed by an attorney?
Due to the potential complexity involved with corporate matters, the consultation and interview, preparation, negotiating, drafting, notarization and review with a Member of any contract (including a residential or commercial lease on behalf of a landlord or a tenant) is the greater of 5 hours of legal services or Actual Time.
40. Can a Member get a divorce under the LSP?
Yes, the consultation and interview, preparation, drafting, filing and review with a Member in connection with an uncontested divorce is billed at 5 hours of legal services.
41. What if the divorce is contested or there is a child custody case?
Contested divorces, child custody and support cases are often complex and typically involve the consultation and interview, research, preparation, negotiating, drafting and review with a Member of such matters (including court appearances (usually more than one)). Therefore, contested divorces, child custody and support cases are billed at the greater of 5 hours of legal services or Actual Time.
42. Can a Member be represented in a small claim?
Yes, small claims typically involve the consultation and interview, research, preparation, drafting of an answer to a summons and the appearance by an attorney with a Member before a judge in court. As with any court appearance for a Member, any Member’s small claims scheduled for a single court appearance is equal to Court Time regardless of the dollar amount of the small claim or number of separate small claims by or against such Member.
43. Can a Member be represented in a bankruptcy claim?
Yes, however bankruptcy filings may be simple or complex. The consultation and interview, research, preparation, drafting, filing and review with a Member of any bankruptcy filings are billed at the greater of 5 hours or Actual Time.
44. Can a Member be represented to settle credit card or other debts?
Yes, the consultation and client interview, preparation, negotiation of client debts with Member’s creditors, settling Member’s debts and reviewing the matters with the Member in connection with debt settlement is the greater of 5 hours or Actual Time.
45. Can a Member be represented in a contingency case?
Yes, while personal injury attorneys typically charge one-third (33⅓%) of all amounts recovered on behalf of a client plus expenses (as governed by statute), Members will only be charged twenty-seven and one-half percent (27½%) of all amounts recovered on behalf of the Member plus expenses. In addition, the Provider reviewing the personal injury matter may, in their sole discretion, waive the deduction from any applicable Member’s Allocation for the attorney’s consultation and client interview, research, preparation, drafting of a summons and complaint and appearances by an attorney with client before a judge in court in connection with a Member’s contingency case!
At Commonwealth we're concerned about protecting your privacy. Our Privacy Policy outlines limitations on Commonwealth's use of your contact information. We don't sell or disclose your information for marketing purposes. The following is a summary of our Privacy Policy and related policies. If you have questions about any part of this summary, or if you’d like more detailed information, we encourage you to review our full Privacy Policy. Please note that all Providers are held accountable for client information pursuant to statutes governing attorneys in the jurisdiction in which such attorney performs services.