James Reeves Calls AOR “INSURANCE!” - Attorneys Marc J. Victor & Andy Marcantel Respond
December 20, 2023
Attorney James Reeves described The Attorneys On Retainer Program (AOR) as a traditional self-defense legal insurance and prepaid legal service plan. Mr. Reeves claims that, despite having different names, they all work the same way. Criminal defense attorneys Marc J. Victor and Andrew C. Marcantel correct the record. They clarify the differences between a self-defense program backed by a law firm and one backed by a traditional insurance company.
Insurance-Based Programs Cannot Guarantee Coverage
Many believe that self-defense insurance programs are reliable in criminal cases. However, many people are unaware that their contracts often include numerous exclusions. This is because criminal liability is generally uninsurable under public policy in most states. Coverage may initially assume innocence but can be revoked if the provider does not consider it a “valid self-defense.” The attorneys claim that cases involving defense coverage were either withdrawn or denied.
Kayla Giles:
Initially received a $50,000 defense payout. The insurer later revoked coverage mid-case.
Alan Collie:
Denied coverage altogether and had to proceed with a public defender
Prepaid Legal Plans Are Not Legal Representation
Self-defense programs backed by traditional insurance usually contract with lawyers to provide discounted legal services. They often operate through a referral network that offers limited, discounted support. According to the American Bar Association’s (ABA) Formal Opinion 87-355, these arrangements are permitted if they meet ethical standards. However, they typically lack the depth and comprehensive service of a law firm on retainer. Attorney Victor noted that these discounts can be superficial. He recalls being told to give members a 20% discount off his regular fee. Attorney Marcantel notes that lawyers can increase their standard rate and refer to the reduction as a “discount.”
“We’re a law firm, we’re not hiring or bringing in lawyers at our firm to do these cases… if it’s an out of state case, we hire a pro hac vice lawyer for the purpose of getting us admitted and then we go out there and do the case.”
– Attorney Victor
Legal Definition of Insurance vs. Legal Services
Mr. Reeves stated that paying money up front for legal defense is like purchasing insurance. The attorneys clarify that the definition of insurance is more complex and has been explained through case law, such as Sasiadek’s Inc. v. City of Tucson (1988). This case determined that if the primary service provided is a professional service by a licensed provider, it does not count as insurance. This distinction is essential for understanding the AOR Program, which offers legal services through salaried attorneys at the Attorneys For Freedom Law Firm (AFF).
“It is not insurance when the principal object and purpose of the contract is a service, not indemnity.”
– Attorney Victor
Incentive Structures and Biases Matter
The attorneys point out that Mr. Reeves openly discloses his employment with US Law Shield, a self-defense insurance company, which could influence his viewpoint. Although Mr. Reeves claims he is not promoting US Law Shield, he also endorses it as a reputable company. The attorneys observe that this creates a contradiction. They highlight the importance of recognizing such conflicts of interest, particularly when critiques focus on competing models, such as AOR. After reviewing US Law Shield’s policies, the attorneys uncovered the following exclusions:
- Coverage ends if you are not in legal possession of a weapon.
- Coverage is denied if the incident occurs in a “gun-free” zone.
- They exclude domestic violence-related incidents.
- You do not get to choose your lawyer.
- They do not reliably cover misdemeanors or appeals.
“Section 6B where it couldn’t be more clear, that not only does US Law Shield pick your lawyer, you’ve got nothing to say about who your lawyer is.”
– Attorney Victor
AOR Program Evaluation and Client Confidentiality
The attorneys acknowledge that AOR did not cover misdemeanors or appeals. However, they explain that after expanding their subscriber base and collecting user feedback, they have broadened coverage to include misdemeanors without raising rates or penalizing current members.
At Attorney For Freedom Law Firm, we don’t just talk about defending freedom; we do it in the courtroom every day. If you’re a responsible gun owner or someone who values freedom, we encourage you to explore our AOR Program. If you would like to know more about our law firm and how our AOR Program can help you, please call 866-404-5112 or email us.
