FOP AZ Labor Council Legal Defense Plan
I. ATTORNEY REPRESENTATION.
- Member, spouse and dependent children receive free attorney representation in all pre-disciplinary administrative hearings.
- Member, spouse and dependent children receive free attorney representation in all post-disciplinary administrative appeal hearings, including disciplinary action appeals to merit boards and commissions and/or all administrative hearings before the Arizona Peace Officer Standards and Training Board (AZ POST).
- Members receive free attorney representation to defend against criminal and civil actions that are employment related as defined in Section XIII of this plan to the extent that the member’s employer does not provide legal counsel to the member. Matters that are not employment related as defined in Section XIII of this plan, including but not limited to family matters such as divorce and domestic violence, are not covered under this plan.
- ALC Members may receive attorney representation in class action lawsuits against their employers, as approved by the ALC in consultation with the Firm.
- ALC may pay a bond premium for a bail bond up to a bond amount of $50,000 in criminal matters that are employment related as defined in Section XIII of this plan at the sole discretion of ALC.
II. CRITICAL INCIDENT RESPONSE.
- Members receive free statewide 24/7 attorney response to critical incidents that are employment related as defined in Section XIII of this plan. When appropriate, simultaneous response by agency FOP representative.
III. IRS AUDIT REPRESENTATION.
- Except in cases where tax evasion or fraud is alleged, Members receive up to 65 hours of attorney representation in the event of an IRS audit of their personal returns or if the IRS sues the Member or if the Member elects to pay the disputed tax and sue the IRS for recovery.
- Members receive a free one hour pre-audit consultation with an attorney.
IV. FREE WILL FOR MEMBER AND SPOUSE.
- Members and spouses receive a free will.
- Survivors of members killed in the line of duty or in off-duty accidents caused by others will receive free attorney representation in the probate of the member’s estate.
- Members receive comprehensive estate planning, including Living Trusts, Wills, Powers of Attorney, etc., at 50% off the standard rates. Call the law firm for details.
V. MOTOR VEHICLE RELATED REPRESENTATION FOR MEMBERS WITHIN THE STATE OF ARIZONA.
- Members receive free attorney representation to defend against civil traffic violations.
- Members receive attorney representation for recovery of personal injury damages at a discounted contingency fee of 25%.
- Members receive up to ten hours of free attorney representation to defend against loss of Member’s driver’s license and to seek property damage recovery.
- Criminal traffic matters that are not employment related, including but not limited to DUI related charges, are excluded from this plan
VI. UNLIMITED FREE CONSULTATIONS.
- Members receive unlimited free consultations with an attorney, both telephonically and in person, for any personal legal matter which the firm would otherwise agree to handle at their standard hourly rates.
VII. WORKERS COMPENSATION.
- Members receive attorney representation in Workers’ Compensation matters as follows: No upfront costs for accepted contingency fee cases. For non-contingency fee matters, the members receive $2,000 of legal services and additional covered costs up to $400.
VIII. MEDICAL RETIREMENT.
- Members receive free consultations with an attorney regarding state or employer provided pension and retirement matters. If Member desires to retain the firm to represent them in seeking to obtain pension benefits, including disability pensions, the firm will provide representation to Member at discounted rates.
IX. DISCOUNTED RATE.
- Members receive discounted hourly rates or discounted contingency fees for all legal services not otherwise provided by the plan and which the firm would otherwise accept at significantly higher rates. Some legal services are charged on a discounted flat fee basis, e.g., criminal cases, business formation, incorporation, etc. A retainer may be required on a case-by-case basis for the discounted rates. Attorney representation in civil actions, which are affirmative in nature, and in which the member is the plaintiff, are provided at these discounted rates.
X. CONTRACT DEVELOPMENT.
- Members receive free attorney assistance with development and negotiation of employer agreements/MOU if authorized by the ALC and in consultation with the Firm and the National FOP Labor Services Division.
XI. ATTORNEY REPRESENTATION.
- Where a representation conflict or potential conflict of interest arises, a Member may be referred to other ALC retained counsel as referred by the firm and at no additional charge to the Member.
- Supervisors, regardless of rank, shall be entitled to legal defense of all disciplinary actions brought against them by their department or agency. Supervisors shall also be entitled to all other legal benefits of ALC membership.
- Except as otherwise agreed, the Firm shall not be required to provide legal representation under the following conditions:
- For pre-existing conditions which are defined as those acts which give rise to litigation or disciplinary proceedings which are alleged to have occurred prior to the Member’s enrollment in the ALC or during a lapse in dues payments and about which the Member had reasonable notice that it might serve as the basis for litigation or disciplinary proceedings at the time he or she first became a Member or during a lapse in dues payments, even though the lawsuit or administrative proceeding was not initiated until after such date.
- Matters, claims or defenses pertaining to any matter covered herein which the Firm determines to be frivolous or otherwise unmeritorious.
- Any matters which the Firm, by the Code of Professional Conduct, is prohibited from handling.
- Any matters which the ALC Executive Committee, in its discretion, directs the Firm not to pursue because the matter does not advance the principles and interests of the ALC or law enforcement.
- ALC in consultation with the Firm reserves the right to make reasonable modifications to the terms of the Agreement.
- Under no conditions shall this Agreement be construed to provide a Member with legal representation in any action in which the FOP, any of the FOP’s subordinate lodges, the ALC, or any Member of the Executive Committee, or officers and agents of the FOP, its lodges or ALC, may be an adverse party.
- The Firm recognizes that there are differences between honest mistakes and willful misconduct and the Firm will weigh each case carefully prior to denying benefits under the plan.
- Employment related means that the alleged acts or omissions which give rise to the action were performed as a result of the Member’s work duties and are consistent and within the course and scope of the Member’s work duties.
- Dependent children are children under 18 or 23 if a full-time student residing with the Member.