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#1
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Opinions on AOPA legal services ?
Hi again,
I am about 10 hours from my Commercial ticket and plan to have my CFI my the end of the year. AOPA legal plan would be ~$52/year for Commercial/CFI Any comments...good/bad/indifferent??? Thanks, Don Don Byrer Instrument Pilot Commercial/CFI Student Electronics Technician, RADAR/Data/Comm @ CLE Amateur Radio KJ5KB "I have slipped the surly bonds of earth; now if I can just land without bending the gear..." |
#2
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Don Byrer wrote:
Hi again, I am about 10 hours from my Commercial ticket and plan to have my CFI my the end of the year. AOPA legal plan would be ~$52/year for Commercial/CFI Any comments...good/bad/indifferent??? I never had it until two years ago. Now, I include it with each year's renewal. It's not just the FAA you have to contend with nowadays. Without some type of insurance to cover legal advice, the government will roll over you. |
#3
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When I went for my FAA interview for my current job the FSDO dude asked
me if I was a member of AOPA. I said yes then he asked if I had the legal services plan. I said no. He said "get it!". I did. I fly the ADIZ and FRZ five times a week. Michelle Don Byrer wrote: Hi again, I am about 10 hours from my Commercial ticket and plan to have my CFI my the end of the year. AOPA legal plan would be ~$52/year for Commercial/CFI Any comments...good/bad/indifferent??? Thanks, Don Don Byrer Instrument Pilot Commercial/CFI Student Electronics Technician, RADAR/Data/Comm @ CLE Amateur Radio KJ5KB "I have slipped the surly bonds of earth; now if I can just land without bending the gear..." |
#4
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Don Byrer wrote:
Any comments...good/bad/indifferent??? I regard it as cheap insurance. The yearly cost wouldn't pay for 15 minutes of a lawyer's time if I got in trouble. George Patterson Give a person a fish and you feed him for a day; teach a person to use the Internet and he won't bother you for weeks. |
#5
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Read the fine print. It's useless.
"Don Byrer" wrote in message ... Hi again, I am about 10 hours from my Commercial ticket and plan to have my CFI my the end of the year. AOPA legal plan would be ~$52/year for Commercial/CFI Any comments...good/bad/indifferent??? Thanks, Don Don Byrer Instrument Pilot Commercial/CFI Student Electronics Technician, RADAR/Data/Comm @ CLE Amateur Radio KJ5KB "I have slipped the surly bonds of earth; now if I can just land without bending the gear..." |
#6
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I'm a participating attorney on the plan. I don't know what other
participating attorneys do, but I field at least a call every week from a pilot, aircraft owner, or other interested aviation person who needs legal advice. I dispense it free of charge, albeit with the hope that if it passes beyond that first call, I'll get retained and perhaps compensated for my efforts. Just my $.02, but a single half-hour consult at the plan rate of $150 an hour means you're getting $75 of value for your $52. Blue skies to all, Darrell Clay Cleveland, Ohio http://ifrpilot.blogspot.com |
#7
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Terry Briggs wrote: Read the fine print. It's useless. Care to elaborate? |
#8
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On 6 Sep 2005 13:57:26 -0700, "
wrote in .com:: I dispense it free of charge, Darrell Clay, Thank you for your input on this matter. But isn't it customary for the majority of attorneys to provide an initial phone consultation to potential clients without fee? At least that's been my experience. If so, what benefit accrues to the AOPA Legal Services plan member for the fee he pays? I have some idea of the answer to that question, but I'd like to hear your response. Thanks again. |
#9
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In article ,
"Terry Briggs" wrote: Read the fine print. It's useless. Wow, great comments... ?????? Hmm, I read the fine print and your COMMENTS are worthless! -- Chris Schmelzer, MD University of Arizona, UPH Kino |
#10
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Don,
I am also an attorney on the AOPA legal services plan. My area of practice is primarily aviation law. Under the terms of the plan I have had to attend an AOPA legal services seminar within a certain period of time (the file is at the office so I don't have the details in front of me) for which I have had to pay. Even though I am actively representing pilots and mechanics in matters brought by the FAA, the seminar is almost always very valuable to me and I use information provided almost immediately. That being said, my experience is that I get a call from a pilot or mechanic about once every two weeks or so. Each person calling is frightened. He (almost invariably he, women are only 6% of pilots and tend to get in trouble very rarely) has never, ever been in trouble with the FAA before and has slipped up in some fashion or there has been a communication problem that has caught the pilot on the short end of the stick and the FAA is either inquiring into the situation or actively taking action against the pilot. The other calls are from pilots who have bought an airplane and didn't bother to pay for a prebuy inspection and have discovered that they bought themselves an absolute piece of junk, sight unseen, for a very low price, from someone a long ways away. And they are ****ed. Under the terms of the agreement I have signed with the AOPA, I am to give a certain amount of free consultation to members of the legal services plan. I don't recall how much time it is, and I don't care, I'll generally go to an hour in that first phone call, I want to do what I can for a fellow pilot. About one in five of the callers lie to me and tell me they are members of the plan. I know I should call and check on them before I continue the call, but I never do. I check after the call. Okay, I'm a sucker, but usually the guy is big time scared and I'm going to do what I can to help him. Besides, the hourly rate that I get paid through the plan is well below what my firm insists that I normally charge, so I'm not making much money on the deal. When I was learning to fly a heck of a lot of guys helped me out and gave me guidance, so I figure I'm paying them back in some fashion by helping out pilots now. If I wind up representing the pilot, I have signed an agreement that sets the maximum hourly fee I can charge to pilots on the legal services plan. For pilots not on the plan, I have to charge the fee my firm sets, which is substantially higher. The thing I've discovered over the years is that the weak spot in a pilot's defense, especially where he is clearly not guilty, is the money available to pay for the defense. (Yes, attorneys do sometimes work for free, but they have to eat, and the free work is usally for the poor, and unless the pilot is a young flight instructor, few fit into that category g.) What I've found is that most of the time, the FAA doesn't bring an action unless it's got a good case, so it's a challenge defending the pilot. However, I've also found that the FAA goes for a lot more penalty than is appropriate, and because the AOPA legal plan pays, I have the time to work with the pilot to get to the heart of the matter and find out the circumstances in detail, because there are often more defenses than are apparent on first examination. Plus, about a third of the actions are purely political, a professional pilot has gotten on the wrong side of an FAA inspector and the inspector is just looking for an excuse to hammer the pilot. (On top of all of that, many pilots don't call me until after they have spoken to the FAA and have managed to admit everything, thus taking away any defenses they might well have honestly had - if the call me early the chances of a successful defense are far higher and if they know they have money for representation, they are more likely to call me early, when they first get a call from the FAA.) So, with some money available to the pilot, I've got the time to get background information that lets me talk to the FAA attorney and point out the weak spots in his or her case. Sometimes it works, sometimes it doesn't. But, the FAA now knows that they are not going to have walkovers all the time because more and more pilots have paid the pittance charged by the legal services plan and there will be an attorney involved who knows the system and is going to keep the FAA attorney honest. I may not be able to get a violation tossed out (although that happens about 1 time in 20), but I know I'm going to be able to get the sanction reduced. Is it worth it? In my humble opinion, the cost is so very little and the political environment is so biased against pilots that it's foolish not to pay that very small cost for what amounts to insurance. No, I'm not being paid by the AOPA for my comments. So, as one tightwad pilot to anther: get the damn crowbar out, pry open your wallet, and pay the fee for the legal services plan. If nothing else, it's like chicken soup, it can't hurt. All the best, Rick |
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