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By Attorney Marc J. Victor

April 11, 2024

   

In today’s policy review, we will discuss the Armed Citizens Legal Defense Network (ACLDN). As always, we’ll examine both the pros and cons of the policy, giving you our thoughts on its benefits, limitations, and overall value. The ACLDN is led by Marty Hayes, who is known for his strong support of the Second Amendment and being pro-freedom. Unlike most legal defense companies, ACLDN does not have a formal written contract for its members. We’ll talk about this lack of a written contract, among other topics, in today’s policy review.

 

Key Points:

 

Lack of Formally Written Contract

As mentioned earlier, ACLDN does not have a formal written contract for its members. Marty says his website outlines the terms and conditions, which raises some serious questions about the enforceability and clarity of the agreement. We sent Marty an email with some questions about his program, specifically asking about the lack of a written contract. He replied, saying, “No, as you know, contract formation doesn’t require a written contract. We offer what we have on our website. If a member signs up, they have accepted that offer, and a contract is formed.”

 

“There’s no formal written contract for you to sign. This is really problem number one.”

 

According to Washington law, specifically RCW 19.36.010, certain agreements, including those that cannot be completed within one year, must be in writing to be enforceable. In my opinion, this legal requirement raises doubts about the validity of ACLDN’s membership agreements, which are not formally documented.

 

ACLDN v. Washington State Insurance Commissioner

As of right now, ACLDN is not allowed to accept new members in the state of Washington. This is because ACLDN was offering insurance to its members without a proper license, which led to a lawsuit. The court in Washington decided that ACLDN memberships were similar to insurance policies, something ACLDN was not authorized to provide.

ACLDN argued that their membership agreements did not guarantee financial help and were not insurance contracts. However, the Washington court agreed with the commissioner’s decision, confirming that ACLDN’s services were unlicensed insurance. As a result, ACLDN cannot accept new members in the state.

 

No Coverage for Bad Shoots

Like many legal defense companies, ACLDN does not cover members involved in a bad shooting. A bad shooting is when the use of force cannot be clearly justified as self-defense. According to the ACLDN website, “We simply reserve the right not to assist in any situation where the facts do not support a legal defense.” This means that for coverage to apply, the incident must be a clearly justified act of self-defense. This policy exclusion is important because, in a self-defense situation, you will need expert legal support when the circumstances are unclear.

 

ACLDN Declined 3 Members out of 22 Instances Since 2011

Since ACLDN was founded in 2011, they have dealt with 22 member incidents. Out of those 22, ACLDN chose not to assist three members. They explained that their decision was based on the network’s judgment that the facts of these cases did not justify a legal defense. These statistics show the company’s careful decision-making in choosing which cases to support and which to deny coverage.

 

List of Affiliated Attorneys

One thing we found interesting is that they claim to have a network of affiliated attorneys to choose from, but none of these attorneys are recommended by ACLDN. It’s basically like using Google or the Yellow Pages to find a lawyer. They don’t guarantee any expertise or qualifications of these attorneys. Members have to independently evaluate and build relationships with these attorneys.

Why would you sign up for a legal defense program if you still have to find your own attorney? That’s supposed to be the program’s job. Furthermore, ACLDN doesn’t have contracts with their affiliated lawyers, so there’s no formal agreement ensuring the lawyers’ commitment or quality of service for your case. This leads to uncertainty about the kind of legal defense you’ll get when you need it most. According to their website, nothing is reassuring for members in this situation.

 

If you find yourself in a self-defense situation and contact ACLDN for coverage options, financial assistance is not guaranteed. According to the ACLDN website, they reserve the right to refuse help, which might leave members without support when they need it most. ACLDN has argued in court that its memberships do not guarantee financial assistance, and members cannot sue for it. You will need to decide for yourself if this is the right legal protection program for you.

 

So, what happens if you’re involved in a self-defense shooting and need to contact ACLDN? You might expect there to be operators or a legal team on standby, ready to help, right? The answer might surprise you. According to the ACLDN website, the person answering the phone and deciding if they can assist you is Marty Hayes himself. Sometimes, his wife answers the emergency hotline. It’s important to remember that neither Marty nor his wife are licensed attorneys, and they can’t give you legal advice. Members in urgent situations won’t receive immediate legal guidance from a qualified attorney through this service.

 

“They can’t give you any legal advice right there when you need it if you’re a member of the armed citizens legal defense network.”

 

 

Lack of Attorney-Client Privilege

Many self-defense protection programs today fail to offer true attorney-client privilege, and ACLDN is just another provider that falls short in this regard. The essence of an attorney-client relationship is that anything you discuss with your attorney remains private at all times. According to the ACLDN website, members and their attorneys must provide detailed case information to ACLDN before receiving funds. Although it is not explicitly stated, having to share sensitive information with ACLDN (which should remain confidential between you and your attorney) allows ACLDN to determine coverage. When your attorney shares important details about your case, the prosecutor could learn this information as well, potentially harming the outcome of your case.

 

“If you are speaking to somebody who is not your lawyer, a licensed attorney representing you on the case, or at least somebody you’re intending to get legal advice from, all of that is discoverable by the prosecution in your case.”

 

 

One of the most important aspects of any self-defense protection program is the amount of funds it will provide for court fees, attorneys, and bail. According to ACLDN’s website, the exact amount of financial support they offer is unclear. It’s also worth noting that while the website used to mention specific amounts for legal defense and bail, this information has since been removed, increasing the uncertainty about the extent of their coverage.

 

Pros of the ACLDN Program

I always like to end a policy review by highlighting its positive aspects. So, what are the benefits of joining ACLDN?

  • Training Resources: ACLDN offers extensive and high-quality training materials for responsible gun owners.
  • Misdemeanor Coverage: Unlike many competitors, ACLDN covers legal defense for misdemeanors.
  • Appeal Coverage: The network supports appeals if there is a legitimate point to contest.
  • Membership Cost: Membership is relatively inexpensive.
  • No Exclusion for Alcohol or Domestic Violence Incidents: ACLDN covers incidents involving alcohol or domestic violence, unlike some other programs.

 

Final Thoughts About the ACLDN Program

While ACLDN offers valuable services, particularly in training and misdemeanor coverage, its lack of a formal contract and uncertainties about financial assistance and coverage significantly reduce its value. I strongly recommend thoroughly researching and comparing legal defense programs to find the best fit for your needs. Emphasize the importance of clear, enforceable agreements and reliable legal support.

For those looking for a self-defense protection program with excellent national coverage, consider alternatives like the Attorneys on Retainer program. Our program is clear about what we offer, and unlike most insurance companies, we cover criminal acts.

If you found this policy review beneficial and would like to know more about our law firm or our self-defense protection program Attorneys On Retainer, please call 866-404-5112 or email us.

   

About the Author Criminal Defense Attorney Marc J. Victor

Criminal Defense Attorney and founder/owner of Attorneys For Freedom Law Firm, Marc J. Victor, specializes in major felony and self-defense cases. With experience as a legal commentator, he is also a long-time freedom activist and a former U.S. Marine Corps combat veteran of Operation Desert Storm.

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