Dear FOP Member:
Minnesota FOP -
Legal Plan
Improved and Expanded Minnesota Legal Defense Plan
FOP Member:
The Minnesota State Lodge is pleased to offer its
members an expanded Minnesota Legal Defense Plan.
Several years ago, it was decided that we will be
replacing the current nationwide legal defense plan
through Summit Risk / Keenan, and replace it with a
locally controlled, Minnesota only plan.
The Minnesota Legal Defense Plan is administered through
the State Lodge. The cost is only $150 per year. The
Fowler Law Firm, L.L.C., is our legal services provider.
The State Lodge has built a positive working
relationship with the firm. They have experience in
criminal defense, civil, and labor matters. Under the
plan, you will have the security of knowing exactly who
your attorney is if an emergency arises, and not have to
worry about finding an attorney on a list who will agree
to represent you. A number is available to all plan
members to contact the firm directly 24 hours a day, 7
days a week.
Under the Minnesota Legal Defense Plan, more services
are covered than under any other plans. Below is a
schedule of exactly what will be covered. For example,
previously, only incidents that were "on the job" were
covered for criminal and civil representation. Now, any
incident, on or off duty that causes a criminal charge,
a civil case, or employment discipline will be covered
for 100% of attorneys fees, with no limits on the
attorneys fees. Further, your spouse will also be
covered for full representation for any criminal defense
cases. In addition, your household family will have
access to greatly discounted legal services for other
services that are not covered by the plan.
The Minnesota State Lodge is pleased to offer, and
strongly encourages all members to join, the plan to
protect yourselves and your family. The investment of
the low yearly premium is well worth the benefits of the
Plan, and with its expanded benefits and local control
by the Minnesota State Lodge, you will be well served
and protected by a reputable law firm with ample ability
and experience should you need it. The firm is available
to answer any further questions you may have directly at
651-287-8883.
Please fill out the enclosed form with your $150.00
check to the Minnesota State Lodge at P.O. Box 270026,
Golden Valley, MN 55427. You must be a member of a local
F.O.P. lodge in order to apply for this plan. For more
information, call 952-895-0405. Credit cards are now
accepted. Please call the FOP office to use this
feature.
TOP
Legal Plan Services
EXHIBIT “A” (contract November 01, 2006-November 01,
2008)
The Firm’s legal services to members under this Legal
Defense Plan (LDP) agreement are as follows:
I. Criminal Charges - Trial &
Defense: Complete legal representation (all attorneys
fees paid) for criminal charges (including DWI and
Criminal Traffic matters- meaning where jail time may be
potentially be imposed), whether job related or not,
within the States of Minnesota and Wisconsin. Covers
all attorneys fees for all stages of representation,
from pre-charging to sentencing. All appeals, probation
violations, and post conviction motions are excluded.
Additionally, all costs (costs are not attorneys fees-
these are expenses the firm pays out of pocket or
advances to the client’s case) incurred by the Firm
shall have a maximum coverage of $5,000 per case. Cost
may include, but are not limited to, online legal
research fees, mileage, filing fees, copy expenses, fax
expenses, obtaining police reports, expert witness fees
and retainers, depositions, statements, fingerprints,
collection of physical evidence, hiring private
investigators, etc. For costs in excess of $5,000, the
Member shall be personally responsible. The Firm has
sole discretion in incurring any costs or not.
Persons eligible: Member and spouse.
II. Motor Vehicle Criminal and Traffic Violation
representation: Complete legal representation (all
attorneys fees paid) for traffic violations within the
State of Minnesota, whether job related or not. Traffic
violations in Wisconsin where o jail time may be imposed
is NOT covered by this agreement.
Persons eligible: Member only.
Includes court representation for traffic violations,
from pre-charging to post trial sentencing. All appeals,
probation violations, and post conviction motions are
excluded. (Examples covered include, but are not limited
to: Careless Driving, Inattentive driving, Misdemeanor
traffic violations, and Petty misdemeanor traffic
violations)
Additionally, all costs (costs are not attorneys fees-
these are expenses the firm pays out of pocket or
advances to the client) incurred by the Firm shall have
a maximum coverage of $5,000 per case. Cost may
include, but are not limited to, online legal research
fees, mileage, filing fees, copy expenses, fax expenses,
obtaining police reports, expert witness fees and
retainers, depositions, statements, fingerprints,
collection of physical evidence, hiring private
investigators, etc. For costs in excess of $5,000, the
Member shall be personally responsible. The Firm has
sole discretion in incurring any costs or not.
III. DEFENSE of Administrative /employment
or Civil proceedings, Job Related: Complete legal
representation (all attorneys fees paid) for DEFENSE of
Administrative or employment cases relating to
termination, demotion, suspension or other disciplinary
action by the Member’s employer, within the State of
Minnesota. The plan does not cover dissolution of
police departments via valid political process. In
cases where the FOP member is covered by membership in
an exclusive collective bargaining unit (such as a labor
union or association), that exclusive representative
will have the responsibility to cover the member first
in such a proceeding. In such cases, the LDP will then
cover the member only in a monitoring capacity, which
may include if needed, the LDP providing the member with
the service of negotiating with the exclusive
representative; and/or assisting, to the extent the
exclusive representative consents, with the preparation
of the member’s case; and/or persuading the exclusive
representative that the member’s case has merit. The
LDP cannot by law force the exclusive representative to
waive its right to represent the member, or interfere
with its right to represent the member.
If the FOP member is not a member of an exclusive
collective bargaining agreement, the plan will be the
member’s first line of defense in such cases and fully
defend the member.
The LDP will also cover complete legal representation
for DEFENSE of civil proceedings, for on the job related
incidents within the State of Minnesota. Examples would
include, defense of excessive use of force complaints,
civil actions for negligence, property damage, etc.
This service is excluded if the employer, county, city
or state indemnifies the officer and/or offers legal
representation. The service of determining whether an
employee should be indemnified, and compelling an
employer to indemnify, is covered.
Persons eligible: Member only.
Additionally, all costs (costs are not attorneys fees-
these are expenses the firm pays out of pocket or
advances to the client) incurred by the Firm shall have
a maximum coverage of $5,000 per case. Cost may
include, but are not limited to, online legal research
fees, mileage, filing fees, copy expenses, fax expenses,
obtaining police reports, expert witness fees and
retainers, depositions, statements, fingerprints,
collection of physical evidence, hiring private
investigators, etc. For costs in excess of $5,000, the
Member shall be personally responsible. The Firm has
sole discretion in incurring any costs or not.
IV. Unlimited free phone consultation: on
any personal legal matter, for any household member– via
calling the Firm through its contact information.
Office: 651-287-8883; Toll Free: 1-877-709-8877; or 24
Hour cell number: 651-357-8877. MEMBERS
SHOULD USE 651-287-8883 for all critical incidents.
V. Discounted Rate for other legal
services. A discounted rate of $100 per hour,
regardless of attorney assigned, or a contingency fee
reduced to 25 % for all legal services not provided by
the plan, subject to the firm’s ability to provide these
services based on subject matter area of practice and
jurisdiction. The Firm’s normal rates are $180 per hour
depending on the attorney assigned for hourly matters,
and normally are 33 1/3 % for contingency matters. By
way of example, and not limitation, the firm does not
practice bankruptcy, family law, workman’s compensation,
or taxation law. However, the Firm will attempt to
refer the member to a lawyer who will accept the
discounted rate if Fowler Law Firm does not practice the
desired area of law.
Persons eligible: Member and household
members.
VI. Exclusions: Except as otherwise agreed,
the Firm shall not be required to provide legal
representation under the following conditions:
A. For pre-existing conditions which are defined as
those acts (or offense date) which give rise to charges,
litigation or an administrative proceeding which are
alleged to have occurred prior to the Member’s
enrollment in the FOP Defense Plan, even though the
charges, lawsuit or administrative proceedings may have
been initiated after such date. However, if the
employer initially indemnifies the member for an
incident occurring prior to the member’s coverage date,
but then discontinues to indemnify or represent the
member; the plan will cover the member if the date of
the discontinuation of the employer’s
representation/indemnification occurs after the date of
the member’s joining the plan. It is each member’s
affirmative duty to renew the plan each year in a timely
manner. Ultimately, regardless of the FOP’s actions or
lack thereof in reminding the member, it is the member’s
responsibility to renew in a timely fashion (Oct. 31),
failure to do so will result in a gap in coverage.
B. Matters, claims or defenses pertaining
to any matter listed herein or which the
Firm and the FOP Executive Committee determine to be
frivolous, or otherwise non-meritorious including
decisions to appeal any judgment or decision. The Firm
reserves the right to make independent professional
judgments as required by the Code of Professional
Responsibility, regarding the presentation of such
claims or defenses.
C. Any matters which the Firm, by the Code
of Professional conduct, is
prohibited from handling.
D. Any matters which the FOP Executive Committee, in
its discretion, directs the
Firm not to pursue because the matter does not advance
the principles and interests of the FOP.
E. Under no conditions shall this Agreement be
construed to provide a
Member with legal representation in any action which the
FOP, or any Member of the Executive Committee may be an
adverse party.
F. The LDP does not provide covered
representation for breach of Duty of
Fair Representation claims (DFR claims), as these are
considered plaintiff’s cases. Specifically, for example,
if an FOP member is a member of an exclusive bargaining
unit as referred to in Exhibit A, section III above, and
the exclusive representative declines to arbitrate or
otherwise take the member’s case to the next step or
level, the LDP will not litigate against the exclusive
representative