Under both options, Administrative coverage is governed by Minnesota State Law. Minnesota is a collective bargaining state and each officer's individual collective bargaining unit (union) retains exclusive representation rights. Members are encouraged to consult their bargaining unit first with all Administrative incidents. Furthermore, these exclusive representation rights will block a "second bite of the apple" by a FOP Legal Plan attorney should a member be dissatisfied with the handling of a case by their collective bargaining unit (union). FOP Legal Plan members may use the FOP Legal Plan to monitor the actions of the bargaining unit during an Administrative incident however, in a practical sense; the FOP Legal Plan attorney has no power of representation.

Under both options, Criminal and Civil coverage may be provided by an FOP Legal Plan attorney in concert with or separately from any representation provided by the member's bargaining unit or employer. Always remember that as a "person of interest" in a critical incident or other similar matter such as an officer involved shooting, you are the focus of a criminal investigation. Obviously, civil action may subsequently result.

The two plans available have major differences. The Minnesota Legal Defense Plan is offered via the FOP Minnesota State Lodge. This plan provides Administrative, Criminal and Civil coverage for any incident on or off duty, all attorneys fees paid. Criminal coverage is valid in Minnesota and Wisconsin whereas Administrative and Civil coverage is valid only in Minnesota. In addition, spouses are included under the Criminal coverage and household family members receive discounted legal services.

The Minnesota Legal Defense Plan is administered by Fowler Law Firm, L.L.C. and the member must use this firm exclusively. The plan costs $150 annually and specifics regarding coverage can be found at http://www.mnfop.com/legal.html or http://fowler-law.com/.

The second plan is offered via the FOP Grand Lodge and is administered by Hylant Group, Inc. The FOP Grand Lodge Legal Defense Plan is much more limited in coverage than the Minnesota plan, but offers a choice of attorneys. Coverage can be acquired for On duty & Off duty Administrative, On duty Criminal and On duty Civil cases. Off duty Administrative coverage is capped at $2500 per occurrence. No off duty Criminal or Civil coverage is available. All coverage is limited to Minnesota. All attorneys' fees are paid when the member chooses from six Minnesota law firms participating in the plan. A member may also choose any non-plan attorney and pay a $250 deductible with $9000-9500 caps @ $700 per day.

The FOP Grand Lodge Legal Defense Plan may be purchased in whole or in part. Full coverage (On duty & Off duty Administrative, On duty Civil, On duty Criminal) costs $239 annually and specifics regarding coverage and Plan law firms can be found at http://www.foplegal.com/.

The following is an example of how each plan would respond to an officer involved off duty incident outside the scope of primary employment:

An individual enrolled in the Minnesota Legal Defense Plan arrested for an off duty traffic offense would have immediate access to an attorney and fees paid for representation in any subsequent Criminal proceedings. An individual enrolled in the FOP Grand Lodge Legal Defense Plan would have no coverage regarding the arrest and/or Criminal charges. Either plan may provide coverage for any Administrative actions (discipline) brought against the participant by his/her primary police employer as a result of the arrest; however Minnesota exclusive representation rights of the bargaining unit (union) take precedence in such matters.

This information is available for printing in PDF form Legal Defense Plan