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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.
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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
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