NDCEL Legal Services Policy
PROCEDURES FOR REQUESTING LEGAL INFORMATION
Step 1: NDCEL member will make a written request to the Executive Director of the NDCEL requesting an answer to a legal question or problem.
Step 2: Based on general knowledge or previous opinions, the executive director will respond directly with a written response to the question. Copies of all such letters will be forwarded to legal counsel.
Step 3: If Executive Director is unable to answer the question without legal advice, the question will be referred to legal counsel for an opinion if it is of general concern to NDCEL members. The cost of this service will be borne by NDCEL.
Step 4: Legal counsel will provide opinion to Executive Director who shall forward same to the requesting individual and the general membership, if appropriate.
PROCEDURES FOR REQUESTING PROFESSIONAL ASSISTANCE
Step 1: A member desiring assistance relative to any professional matter may contact the Executive Director.
Step 2: The Executive Director will ascertain the nature of the problem and decide upon the steps to be taken. The Executive Director will get a description of the problem in writing from the member and obtain legal advice to the extent necessary to analyze the problem.
Step 3: A confidential meeting and or conference call between the member, Executive Director, the NDCEL board member, and a representative of the organization involved selected by the member requesting assistance may be conducted.
Step 4: The committee established in step three will confer with the president from the involved affiliated organization to review NDCEL action in the matter.
Step 5: The NDCEL may provide legal assistance for litigation relative to concerns of NDCEL members to the extent of one-half of the cost with a maximum of $1000 per case paid by NDCEL. No payment will be made if the payment would duplicate legal assistance received under a professional liability plan and provided a financial settlement is reached the NDCEL participation shall be further limited to the members excess costs.
Step 6: The Board of Directors of the NDCEL may, at its discretion, provide further assistance and vote to become part of any legal action in support of its members for any issue that is of general concern of the full membership of the NDCEL.
PROCEDURES FOR CONFLICT RESOLUTION
BETWEEN/AMONG NDCEL MEMBERS
In the event that a professional conflict should arise between two or more NDCEL members, the following methods may be used to determine the NDCEL role:
Step 1: Either member may make a written request to the NDCEL Executive Director that NDCEL be involved in the resolution of the conflict.
Step 2: The NDCEL Executive Director will obtain information and legal advice concerning the problem and review the legal implication of the problem with the affected members.
Step 3: The NDCEL Executive Director may appoint a panel, selected by each affected adversarial member(s) plus a neutral selected by the adversaries.
Step 4: The panel shall identify an equitable professional solution to the problem and make a written report of their recommendations.
Step 5: If either or both of the adversaries do not accept the recommendations, either or both members may pursue any other remedies available to them but lacking any other issues the NDCEL shall have no further involvements.