Dear Guardian Legal Protection Attorney Fee Management Plan Member:

This document confirms the terms and scope of our agreement (hereinafter the “Agreement”) for your (hereinafter “Member”) ongoing monthly membership in the Guardian Legal Protection Attorney Fee Management Plan (hereinafter the “Plan”) offered by Timothy A. Forshey, P.C. (hereinafter “Attorney.”) The effective date of this Agreement (hereinafter the “Effective Date”) shall be the date Attorney signs this Agreement which will only occur after Attorney has received an executed copy of this Agreement signed by Member and the initial (monthly or annual) fee has been paid. “Member” may become a “Client” of Attorney, if a separate retainer agreement, conforming to the terms of this agreement (if applicable), is executed by Member/Client and Attorney. A “Member” only becomes a “Client” after the execution of that separate retainer agreement.

I. SCOPE OF AGREEMENT

A. The Scope of this Agreement is limited to securing the availability and below referenced special pricing of Attorney for legal representation in any “Covered Legal Issue” as detailed below.

B. Additionally, the Scope of this Agreement encompasses the applicable rate for legal fees for any Covered Legal Issue as follows:

1. For Covered Legal Issues set forth in paragraph IV (“Specific Arizona State Weapon Related Criminal Charges”) of this Agreement, Member’s enrollment in this Plan provides for no additional legal fees for any Attorneys/Paralegals from Timothy A. Forshey, P.C. on any self-defense case (defined as a case where the Court allows a self-defense claim under A.R.S. 13-404 and/or 13-405) in Arizona. Reasonable costs and incidental charges (for example, but not limited to, bond/bail bondsman fees, expert witnesses, private investigators, polygraphers, incident scene clean-up, post-incident trauma counseling, transcripts, postage, copying, delivery services and research costs), are not provided as part of this comprehensive Plan.

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2. For Arizona charged Covered Legal Issues set forth in paragraph V (“General Criminal Charges”) of this Agreement, the applicable legal fees will be reduced to the “Member’s Rate” of $250.00 per hour for Attorney(s) and $125.00 per hour for Paralegal(s) (50% of the firm’s regular rate). A reasonable retainer to be deposited into Attorney’s Trust Account (as set forth in paragraph IX below) will then be required from the Member/Client. Reasonable costs, again (for example, but not limited to, expert witnesses, private investigators, polygraphers, transcripts, postage, copying, delivery services and research costs), must and shall still be borne by Member/Client (as per Paragraph VIII below) and will not be borne by Attorney/Plan.

3. For Covered Legal Issues set forth in paragraph VI (“Prophylactic Defense Consult”) of this Agreement, the applicable legal fee will be a flat fee of $100.00 (80% reduction from normal charge). Payment for same will be due prior to Member’s meeting with Attorney.

4. For Covered Legal Issues set forth in paragraph VII (“Reduced Contingency Fee Rates”) of this Agreement, the applicable legal fees will be 25% (reduced from 33 1/3%) of the gross recovery for any case resolved prior to the initiation of a lawsuit, and 33 1/3% (reduced from 40%) of the gross recovery for any case resolved after the initiation of a lawsuit (“initiation of the lawsuit” is defined as the filing of a Complaint). Reasonable costs, however (for example, but not limited to, expert witnesses, private investigators, polygraphers, transcripts, postage, copying, delivery services and research costs), must and shall still be borne by Member/Client (as per Paragraph VIII below).

C. All actual legal representation will require a new, binding Fee Agreement, reflecting the above prices/terms, between Member/Client and Attorney, subject to compliance with the Rules of Professional Conduct (including but not limited to ER 3.1 meritorious claims and ERs 1.7/1.9 conflicts of interest). Neither this explanation of Benefits document nor the actual Membership Contract between Member and the Plan may act to retain Attorney’s actual services. The Guardian Legal Protection Attorney Fee Management Plan is not an insurance product or pre-paid legal service of any kind. Membership in the Guardian Legal Protection Attorney Fee Management Plan entitles the Member to obtain representation for any of the legal matters listed below at the discounted applicable rates set forth below subject to the Rules of Professional Conduct including clearing any conflicts of interest for each and every case.

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I. EARNED ANNUAL/MONTHLY RETAINER FEE

A. Member agrees to pay the ongoing, earned annual or monthly membership fee in the amounts set forth in paragraph II (E) below via credit card for as long as Member desires their membership to remain in effect and in force.

B. Either Member or Attorney may opt to unilaterally terminate this Agreement at any time for any reason or no reason at all. This Agreement is automatically and immediately terminated as of the date Member fails to remit the earned annual or monthly payment as detailed in this Agreement. Because this is a monthly/annual non-refundable membership simply to secure Attorney’s availability at significantly discounted rates, Member understands that if Member terminates this Agreement, Member has no further obligation to make payments to this Plan and Member may be entitled to a refund as set forth in II(E)(4) below. This provision conforms to the requirements of Arizona Rule of Professional Conduct 1.5 as defined under Arizona Rules of Professional Conduct 1.5 Comment [7].

C. The first annual or monthly payment will be due at the same time as the Member’s set-up fee is remitted pursuant to this agreement and shall be the due date for the following month and every month (or that month each year, for annual membership) thereafter. In the event the initial payment is on the 28th, 29th, 30th or 31st of the month, the due date shall be the final day of each following month. The first monthly retainer fee is due and considered earned at the commencement of this agreement.

D. Member agrees to remit the earned annual or monthly payment [pursuant to plan chosen, as per part II (E) below] solely for two distinct purposes:

1. To ensure Attorney’s availability to represent Member/Client for any of the Applicable Legal Matters listed below (subject to a conflict check); and

2. To secure the Reduced Hourly or Contingency Rate (as determined by the nature of the legal matter) for any of the Applicable Legal Matters listed below. The Plan, and Attorney, do not accept payment with funds obtained in any illegal manner. Member hereby agrees and certifies that any funds used to pay membership fees agreed to and set out in this Agreement were obtained solely by lawful means. If someone other than Member pays the fees, Member consents to such payment, authorizes the payment to be made on Member’s behalf and understands that the payor is not entitled to information about any subsequent representation or to direct any subsequent representation.

E. Attorney offers four different levels of membership/coverage for this plan:

1. Individual Basic. This plan provides basic self-defense coverage for all applicable legal fees only (as set forth in only paragraph I.B.1 above) for the listed individual Member who purchases the plan only. Individual membership is $170.00 annually (with an additional $25.00 set up fee).

2. Individual Plus. This plan provides self-defense coverage for all applicable legal fees, as well as all additional benefits set forth in paragraph I.B.1-4 above, for the listed individual Member only. Individual Plus membership is $20.00 per month (with an additional set up fee of $25.00 ) or $220.00 annually (with no additional set up fee--waived as a courtesy).

3. Family Basic. This plan provides self-defense coverage for all applicable legal fees only (as set forth in only paragraph I.B.1 above) for up to two spouse/partner Members and their legal minor (below the age of 18 years) children, provided that those covered Members/child(ren) reside(s) at the same residential address. All applicable family Members’ names must be registered as Members at the time of enrollment. Family Basic membership is $360.00 annually (with an additional $50.00 set-up fee).

4. Family Plus. This plan provides self-defense coverage for all applicable legal fees as well as all additional benefits set forth in paragraph I.B.1-4 above, for up to two spouse/partner Members and their legal minor (below the age of 18 years) children, provided that those covered Members/child(ren) reside(s) at the same residential address. All applicable family Members’ names must be registered as Members at the time of enrollment. Family Plus membership is $50.00 per month (with an additional set up fee of $50.00 ) or $550.00 annually (with no additional set up fee--waived as a courtesy).

F. Termination of Membership.

1. If an Individual plan Member opts to terminate their membership, all future monthly payments, commencing the first of the next month following receipt of Member’s written notice of termination, shall cease. Members understand that they will forfeit the $25.00 set up fee.

2. If Family plan Members opt to terminate their memberships, they will forfeit the $50.00 set-up fee (if paid by the Members) and they will forfeit (or, if the retail value of the utilized benefit exceeds any refund due, be billed for that difference) any discounted portion of the normal, non-plan price for any/all plan benefits they have utilized at that point in their enrollment (i.e. NFA Trusts, Wills, etc.). Any/all remaining monies paid shall be promptly refunded within 30 days of receipt of Member’s written notice of termination.

3. Retention of the above non-refunded monies is due to the considerable administrative costs incurred by the Plan in establishing that Member’s membership file/information and the administrative processing of that refund.

4. Member’s failure to remit any/all required plan payments as specified herein for 30 days shall result in immediate termination by the Plan. Any dishonesty on the part of Member will also result in immediate termination by the Plan.

III. APPLICABLE LEGAL MATTERS

A. An “Applicable Legal Matter” is any non-frivolous legal matter listed below which has arisen as a result of events that initially occurred after the Effective Date of this Agreement and for which there are no conflicts of interest prohibiting Attorney’s representation. If Attorney has an actual conflict of interest, Attorney shall use all reasonable efforts to attempt to secure qualified legal representation at the same reduced hourly or contingency rates from qualified legal counsel free from the applicable conflict. Member/Client accepts that this may, rarely, not be possible.

B. Any legal matter(s) that arise(s) from event(s) occurring prior to the Effective Date of this Agreement is/are specifically excluded from coverage under this Agreement. The date upon which any formal criminal charges are filed is inapplicable to the analysis of an Applicable Legal Matter.

IV. SPECIFIC ARIZONA STATE WEAPON RELATED CRIMINAL CHARGES

Limited To Trial/Pre-Trial Level Self-Defense Related Criminal Charges

A. This Program is offered and available only in Arizona and in complete compliance with the Arizona Rules of Professional Conduct. Legal representation pursuant to this Section is strictly limited to occasions when the following three circumstances all apply:

1. Member/Client has been officially charged with violation of at least one of the following Arizona state felony criminal statutes arising from initial events alleged to have occurred after the Effective Date of this Agreement:

• Murder (A.R.S. Sec.13-1105 or 13-1104)

• Manslaughter (A.R.S. Sec.13-1103)

• Negligent Homicide (A.R.S. Sec.13-1102)

• Aggravated Assault [A.R.S. Sec.13-1204 (A)(1) or (A)(2)]

• Endangerment (A.R.S. Sec.13-1201)

• Disorderly Conduct with a Weapon [A.R.S. Sec.13-2904 (A)(6)]

2. Member/Client reasonably (defined as a defense generally recognized as legitimate in the collective opinion of attorneys regularly practicing in such matters and not raised merely in order to obtain the lower attorney’s fees offered under this Plan) asserts a statutorily recognized justification defense to that/those charge(s), and;

3. The matter is currently at the trial or pre-trial level. No appellate representation is available pursuant to this Agreement.

B. Additional Charges: In the event other additional criminal charges are brought in conjunction with any of the above covered charges, Attorney will determine whether the additional charges are incidental/uncovered, and therefore not defensible/covered as per Paragraph IV(A)(2) above. If the charges are directly related and therefore defensible, the legal fees for those criminal charges will also be included/covered. If the additional charges are, however, incidental/uncovered to the other covered criminal charges [pursuant to Paragraph IV(A)(2) above], Attorney's fees will be charged at the hourly rate of $250.00 per hour and Paralegal’s fees will be charged at the rate of $125.00 per hour for representation (a 50% reduction from non-plan Attorney fees) in the entire criminal matter. This is due to the fact that Attorney cannot represent a client on some charges while not representing the client on other accompanying charges.

C. Trial/Pre-Trial Level Only: Representation pursuant to this Agreement includes all Attorney fees for Pre-Trial negotiations/efforts and/or a bench or jury trial. Representation pursuant to this Agreement does not include any legal representation beyond the trial level--this Agreement does not include appellate representation.

D. New Fee Agreement: In the event Member/Client retains Attorney for legal representation in any Applicable Legal Matter pursuant to this Agreement, a separate Fee Agreement between Member/Client and Attorney will be executed incorporating the terms of this Agreement. This Agreement includes coverage of the additional above costs, fees and expenses set forth in paragraph I(B)1 above for any criminal charge(s) set forth in this paragraph.

V. GENERAL CRIMINAL CHARGES

A. Any Member/Client who is a Member of this Plan who is charged with any other, non-justifiable crime (beyond those set forth in Paragraph IV above) or a party in an Order of Protection/Injunction versus Harassment/Injunction versus Workplace Harassment matter where the underlying/triggering event(s) is/are alleged to have occurred after Member/Client’s Membership in this Plan, shall be entitled to 50% reduced Attorney and Paralegal fees of $250.00 per hour and $125.00 per hour respectively. Attorney is admitted to practice law only in Arizona, Illinois and Colorado, and actively practices only in Arizona. Attorney agrees to remain available to accept legal representation in any state where Attorney is able and permitted to associate with local counsel, if appropriate and subject to Attorney’s admission pro hac vice, on behalf of Member/Client for any criminal matters arising from initial events alleged to occur before the Effective Date of this Agreement.

B. Attorney is ethically bound not to represent Member/Clients engaging in bad faith litigation, including frivolous legal matters or positions. As such, Attorney shall be the sole judge of what matters are in bad faith or frivolous. If Attorney determines any legal matter or position is engaged in bad faith or is frivolous for any reason, no legal representation will be offered. Additionally, Attorney is ethically bound not to accept representation if a legal or ethical conflict of interest would arise from such representation (such as a witness or opposing party/alleged victim being a current or former client of Attorney). In such an event, Attorney shall attempt to secure qualified legal representation at the same reduced hourly or contingency rates from qualified legal counsel free from the applicable conflict. Member/Client accepts that this may not be possible.

VI. PROPHYLACTIC DEFENSE CONSULT

Any Member/Client who is a Member of this Plan is entitled to a 80% discounted rate (no more than one per 30-day period of time) on “Prophylactic Defense Consult” meetings, to discuss any matter desired by the Member/Client, with the goal being education and avoidance of any/all future problems/charges relating to weapons/home security/self-defense. It is always more desirable to stay out of trouble than to attempt to get out of trouble, and such Consults are designed to further that goal. The non-covered fee for such Consults is $500.00. Member/Client will pay only $100.00 for such Consult(s).

VII. REDUCED CONTINGENCY FEE RATES

A. Attorney shall also provide representation in any Personal Injury/Wrongful Death/Medical Malpractice/Violation of Civil Rights Cases for Members of this Plan, where the triggering event occurred after the date of Member/Client’s Membership with the Plan, with the applicable legal fees reduced to 25% (reduced from 33 1/3%) of the gross recovery for any case resolved prior to the initiation of a lawsuit, and 33 1/3% (reduced from 40%) of the gross recovery for any case resolved after the initiation of a lawsuit (“initiation of the lawsuit” is defined as the filing of a Complaint) consistent with the Rules of Professional Conduct. Attorney shall be the sole arbiter as to whether any such case is viable and may refuse representation therefore, if deemed non-viable, without violating the terms of this agreement.

B. Attorney is admitted to practice law only in Arizona, Illinois and Colorado, and actively practices only in Arizona. Attorney agrees to remain available to accept legal representation in any state where Attorney is permitted to associate with local counsel, if able and appropriate and subject to Attorney’s admission pro hac vice, on behalf of Member/Client for any matters arising from initial events alleged to occur after the Effective Date of this Agreement. For any contingent fee matter in a jurisdiction other than Arizona, Member/Client understands and agrees that a portion of the contingent fee earned by Attorney shall be paid to the co-counsel licensed in that jurisdiction and that Member/Client shall be notified of the name of the co-counsel prior to the other lawyer entering an appearance on Member/Client’s behalf. This fact will not increase the fee charged to Member/Client—Attorney shall absorb any/all additional fees paid to local counsel.

C. In the event Member/Client retains Attorney for legal representation in any applicable Legal Matter pursuant to this Agreement, a new Fee Agreement will be executed consistent with the reduced hourly or contingency fee, also detailing Member/Client’s responsibility for any/all reasonable costs, as detailed in this Agreement for that specific Matter. Both Member/Client and Attorney shall execute this new Fee Agreement.

VIII. OTHER PROVISIONS

A. Member/Client understands and agrees that in the event legal representation is agreed to pursuant to this Agreement for any hourly matter where funds are required to be paid by Member/Client, Member/Client will (depending upon the nature of the representation) be required to deposit an initial amount (usually approximately 60 days’ worth of expected billings—to be determined by Attorney) to be held in the Timothy A. Forshey, P.C. Trust Account, and Member/Client will then pay, within 10 days of date of invoice, each month’s invoiced hourly legal fees and/or expenses (at the reduced rates set forth above). Failure to make a monthly payment as set forth herein will result in the amount held in Trust being used to pay any outstanding balance from any/all unpaid monthly invoices. Any amount (if any) left in Trust following such payment shall be refunded to Member/Client and shall result in Attorney’s withdrawal from any/all further representation on that matter, without violating the terms of this agreement. Attorney shall have sole discretion to determine a reasonable initial amount (an Advance Fee Deposit) to be deposited into the Trust Account. No representation will commence until Member/Client has made this required initial deposit into the Trust account.

B. Member/Client agrees to timely provide all information requested by Attorney. All Parties to this Agreement consent and agree that notwithstanding who has actually paid the retainer fee, only the person identified by this Agreement as the Member/Client is entitled to legal representation at the reduced hourly or contingency rate as detailed in this Agreement. Only one person can be identified as the Client per this Retainer Program Agreement.

IX. ETHICAL OBLIGATIONS

Member/Client understands that Attorney is bound by and will comply with any/all ethical obligations and standards of conduct as required by the Arizona Rules of Professional Conduct and/or the Rules of Professional Conduct in any applicable jurisdiction where Attorney is admitted pro hac vice, including but not limited to:

A. Ethical Limitations on Attorney:

1. Attorney is required to reveal such information to the extent necessary to prevent Client from committing a future criminal act that is likely to result in death or substantial bodily harm;

2. Attorney will not assist or knowingly allow Client or any witness to testify falsely; Attorney will be required to correct any false statement of material fact presented to a tribunal; and

3. Attorney cannot bring or defend a proceeding, assert or controvert an issue unless there is a basis in law and fact for doing so that is not frivolous, which includes a good faith and nonfrivolous argument for an extension, modification, or reversal of existing law. A lawyer for the defendant in a criminal proceeding, or the respondent in a proceeding that could result in incarceration, may nevertheless so defend the proceeding as to require that every element of the case be established.

B. Attorney may withdraw from representing Client as permitted or required by the Arizona Rules of Professional Conduct and/or the Rules of Professional Conduct in any applicable jurisdiction where Attorney is admitted pro hac vice.

C. This Agreement is governed by Arizona law. If any portion of the Agreement is held by a tribunal to be unenforceable, the remaining portions of the Agreement shall continue to be enforced. Venue for any dispute regarding the terms of this Agreement shall be Maricopa County, Arizona.

X. CREDIT OR DEBIT CARDS

Member understands and agrees that this Agreement is an ongoing annual or monthly Agreement to pay an earned annual or monthly retainer fee to secure Attorney’s potential availability at the reduced rates listed above. Member authorizes the Plan to charge such annual or monthly fee to Member’s designated credit card until such time as Member notifies the Plan in writing that Member is terminating this Agreement, or the Plan notifies Member that the Plan is terminating this Agreement. Member is responsible for updating the Plan as to any changes/replacements of the credit card on file to allow uninterrupted payments to the Plan. Member is also responsible for updating their contact information (address/phone number/email address) with the Plan within 30 days of any change thereto.

XI. CONFIDENTIALITY/DISCLOSURE/THIRD PARTIES, ER1.8(f) CLAUSE

A. In the event that Member has someone else pay their membership fees, Member hereby gives informed consent:

1. That the Plan may communicate with that person(s), after first consulting with Member and receiving Member’s written consent, only about fees.

2. The third-party payor will not be authorized to receive or request any information about representation of Member/Client unless Member/Client gives the Plan/Attorney Member/Client’s express written permission to make such disclosures, understanding that if the Plan/Attorney makes any disclosures of privileged information, that disclosure may act to irreversibly waive the attorney/client privilege.

3. The third-party payor may not direct the legal matter-- only Client may make decisions about Client’s’ actual legal matter.

B. If the third-party payor fails to timely pay Member’s Plan annual or monthly membership fee and some other arrangement suitable to the Plan cannot be made, Member’s membership will be canceled, and Member will no longer receive the benefits of the Plan as of the date of that cancellation.

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C. Cooperation

1. Member/Client agrees to immediately contact Attorney in the event legal representation in any Applicable Legal Matter is necessary.

2. Member/Client also agrees to keep the Plan/Attorney informed of current contact information (telephone numbers, secure email addresses and mailing address) at all times.

3. Member/Client acknowledges the best results in this matter will be achieved by Member/Client providing Attorney with full and complete information concerning any pending legal matter. In the event that Member/Client needs to utilize Attorney’s services pursuant to the terms of this membership agreement, Client’s signature on his/her actual retainer agreement with Attorney attests that the information Client gives to Attorney will be truthful and accurate to the best of Client’s knowledge.

4. If there are any changes in material information or contact information, Member/Client will promptly notify the Plan/Attorney.

5. Member/Client also understands that Member/Client should not use work email addresses, work computers or public computers (such as at a public library, coffee shop or hotel) or any email account to which someone other than Member/Client has access to communicate with the Plan/Attorney in order to protect the confidentiality of Attorney/Client discussions as e-mail may not be secure on such devices.

6. Member/Client also agrees to notify the Plan/Attorney if Member/Client desires that the Plan/Attorney should not communicate with Member/Client via e-mail or regular mail due to a risk of interception of such communications.

D. Communications and file retention

1. The Plan/Attorney may communicate with Member/Client by facsimile, telephone, text message, written correspondence via USPS and/or email. As such, Member/Client hereby agrees to keep the Plan/Attorney informed of current contact information at all times. The email address that Member/Client provides to the Plan/Attorney must be one for which only Member/Client is authorized to view the contents, to avoid waiving attorney/client privilege.

2. Member/Client must be certain that email filters do not block emails from the Plan/Attorney’s office(s) and that the allowable size of incoming emails is sufficient to accept the Plan/Attorney’s emails with attachments. It is important that Member/Client retain all communications from the Plan/Attorney, including emails and attachments to emails. These are tendered to Member/Client as Member/Client’s copy of Member/Client’s file.

3. The Plan/Attorney will retain many file documents and data in electronic format only. These documents and data may be stored on a remote secure third-party server hosted through the internet (“the cloud”). If Member/Client requires any heightened security measures for the storage or transmission of electronic data, such as for government clearances, Member/Client must notify the Plan/Attorney of that need, no less than 30 days in advance, in writing.

4. Member/Client agrees to notify the Plan/Attorney immediately upon the termination of this Agreement if there are any documents Member/Client wishes the Plan/Attorney to return to Member/Client. Member/Client understands that the Plan/Attorney does not retain Member/Client’s file indefinitely. As such, after the termination of this Agreement, the Plan/Attorney may retain a copy of Member/Client’s file, electronically only for three years, at which time it may be destroyed without further notice to Member/Client.

E. Privacy policy

1. The Plan/Attorney collects nonpublic, personal information about you only in connection with providing you the services you request/require. The Plan/Attorney will not disclose any public or nonpublic personal information about you to anyone outside the Plan/Attorney’s office(s) except as authorized by you or required or permitted by law and/or court rule.

2. The Plan/Attorney will not communicate confidential information about the representation to any third persons, including Member/Client’s family members, unless Member/Client provides the Plan/Attorney written and executed direction to do so, understanding that such communication could act to irreversibly waive the attorney/client privilege.

F. Acceptance

I (We), the Member(s)/Client(s), certify that I (We) have carefully read the foregoing Agreement and understand all of its terms prior to enrolling in the Plan. Any questions I (We) had about the Agreement have been explained to me by Attorney/Plan to my satisfaction. I (We) agree to be bound by all terms of the foregoing Agreement and specifically to pay all non-refundable monthly member fees pursuant to this Agreement. I (We) further understand that Timothy A. Forshey, P.C. does not currently represent me (us) in any legal matter as a result of this Agreement. If such legal representation is needed, I (We) will execute a new Agreement for such legal representation as set forth in Paragraphs I(C) and VII(C) above.