Home » Resources » MEMSPA Legal Resources » MEMSPA Legal Assistance Policy

MEMSPA Legal Services

A Membership Benefit of the Michigan Elementary and Middle School Principals Association

Purpose: One of the missions of MEMSPA is to support the principalship and to assure due process by providing legal assistance to its members in matters of job-related legal actions or proceedings in which a member is a party in interest.

Eligibility: Legal services, as provided and when approved, are available to the following persons:
1. An active member in good standing, who is defined as a member in good standing, who is a member when the act occurs, a member when the action against the member is initiated, and a member at the time of the request for assistance.
2. A sustaining member, who has continued to be a dues-paing member as long as the case is active - even if the member is no longer serving in the school as a principal.

Legal services may be requested:
1. When there is a real threat to a member's administrative position or employment benefits;
2. When a member is harrassed as a result of his/her performance of official administrative duties;
3. When a member is charged criminally under the Child Protection Act, MCCA 722.621 et seq.;
4. When a member is involved in a civil suit due to a professional liability claim. In this instance, the member goes through MEMSPA, but the legal fees are covered by NAESP.

Conditions:
1.  Telephone consultation with the association executive director or the attorney is available at no cost to the member. If, after determination by the attorney that more legal assistance is required, coverage will be provided according to a scale determined by years of membership.

2.  Coverage is not automatic. Upon request, MEMSPA will make a determination as to whether or not legal services shall be provided to the member for the above purposes and to the extent and duration of the assistance. Such determination shall be final and binding on the member

3. When two or more MEMSPA members are in conflict, MEMSPA may offer mediation. However, a member may appeal in writing to the executive committee.

4. The MEMSPA staff must make initial contact with the association attorneys. Members are not to contact our attorneys unless given permission by the executive director.

5. MEMSPA shall not provide nor pay for criminal representation; except that, should a member be charged under the Child Protection Act, MEMSPA shall pay to the attorney representing the member in the criminal matter, for services rendered, an amount not to exceed $1,500 plus $100 for each year of continuous membership to a total of $2,000.

6. Except in regard to criminal representation involving charges under the Child Protection Act, MEMSPA at no time will pay for attorneys other than those under retainer by the Association unless recommended by the MEMSPA attorney.  MEMSPA may direct payment to the member's attorney, providing the coverage stays within the cap allowed.

7. Members' involvement of attorneys, other than MEMSPA attorneys, for the purpose of representation as opposed to advice, shall be cause for MEMSPA to decline to provide or continue legal assistance.

8. A member of the Association will not be eligible for additional assistance when he/she fails to follow the written advice given to him/her by the Association's attorneys or the Executive Director.

9. For good cause shown, and in accordance with applicable laws, court rules and canons of ethics, MEMSPA and its attorneys may withdraw from a case where the member refuses or fails to cooperate as necessary and appropriate under the circumstances.

10. Legal assistance, when approved for active members, shall continue to the extent and duration determined by MEMSPA only while that person is an active member or sustaining member. Retiree members have no legal assistance coverage.

11. In the event that costs and/or attorney's fees are awarded against a member who is a plaintiff in a civil suit, these costs and attorney's fees shall be the sole responsibility of the member, and not MEMSPA.

12. In the event that a member receives a monetary settlement or judgment through MEMSPA provided legal assistance, the expenses incurred by MEMSPA in providing such legal assistance shall be reimbursed to MEMSPA out of the settlement or judgment proceeds; except that the amount of such reimbursement to MEMSPA shall not exceed one-half of the gross amount of the settlement or judgment.

MEMSPA Fee Structure:
1. One year of membership provides $1,000 of legal coverage. The coverage increases by $1,000 for each year of membership until six years. For six years of membership and over, $10,000 of coverage is provided.  MEMSPA coordinates its legal coverage with NAESP.