Federal Lodge Legal Plan
AZ FOP Labor Council Legal Defense Plan
Since its creation in 1995, The Fraternal Order of Police Arizona Labor Council (“ALC”) has protected our Members and their families through a legal plan specifically tailored to their unique needs. For nearly two decades our Members have had direct access through the Legal Plan to lawyers trained in the areas of greatest concern to them and their families.
ALC lawyers (the Firm of Yen Pilch & Landeen, P.C.), have represented countless Members in Arizona administrative hearings before merit system boards and personnel boards, and in state and federal courts concerning their civil rights, wages, hours and workplace issues. But as part of the ALC Legal Plan, Members and their families also have direct access to the ALC’s Arizona lawyers for free Wills and free phone or in-office consultations about any legal matter. Members also receive representation in retirement and disability matters, automobile accidents, personal injury, wrongful death, probate, worker’s compensation, estate planning, real estate, incorporations, business start-ups, and so much more, all at significantly discounted rates. Best of all, our Members call their lawyers directly.
And now, the ALC is proud to introduce a Legal Plan specifically tailored to the needs of Federal Law Enforcement Agents and Officers.
As before, this Plan provides direct access to Arizona lawyers for all of these great benefits. But because of the unique demands on Federal Law Enforcement Agents/Officers, who are often called to work outside of Arizona, this Federal Legal Plan provides civil and criminal legal defense for job-related matters in other states as well.
Here’s what our Federal Members receive:
I. ADMINISTRATIVE / DISCIPLINARY HEARING REPRESENTATION.
- No additional charge.
- Members receive representation in Arizona in administrative hearings for on-duty employment-related matters. Representation is provided by the ALC’s Arizona law firm that has represented our Members since the ALC’s founding nearly twenty years ago.
- Member, spouse and dependent children under 18 (or 23 if a full-time student residing with Member) receive legal representation by ALC’s Arizona attorneys in any employment- related Arizona administrative disciplinary hearing.
II. TRIAL DEFENSE FOR EMPLOYMENT-RELATED MATTERS, CRIMINAL AND CIVIL.
- No additional charge.
- Members will be represented in any state or federal court in employment-related civil or criminal action in which they are named as a defendant. Coverage for civil or criminal defense is provided through the National FOP Legal Plan which is separately owned and operated by the Grand Lodge FOP. Coverage is subject to the limitations and restrictions of the National/FOP Legal Plan. (See Coverage B and C here)
- CRITICAL INCIDENT RESPONSE:
Statewide 24/7: Our Members have direct access to qualified attorneys by phone and, if practical, in person in connection with critical incidents, including Agent-involved shootings. When appropriate, simultaneous response by an agency FOP representative may also be provided.
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Outside Arizona, critical incident response is provided by the FOP Legal Plan subject to the limitations and restrictions of that Plan.
III. IRS AUDIT REPRESENTATION.
- Except in cases where tax evasion or fraud is alleged, Members receive up to 65 hours of representation in the event of an IRS audit of their personal returns.
- One hour of pre-audit consultation.
- Up to five hours for representation during the audit, negotiations, and settlement conferences prior to litigation if there is no settlement within 30 days.
- Up to 45 hours of preparation and actual trial time if the IRS sues the Member or if the Member elects to pay the disputed tax and sue the IRS for recovery.
IV. WILL FOR MEMBER AND SPOUSE.
- No additional charge.
V. MOTOR VEHICLE REPRESENTATION FOR MEMBERS WITHIN THE STATE OF ARIZONA, EXCEPT DUI/DWI AND DRUG RELATED MATTERS, AT NO ADDITIONAL CHARGE.
- Legal defense of moving violations.
- Legal defense against vehicle related charges of:
Manslaughter
Involuntary manslaughter
Negligent homicide.
Vehicular homicide. - Five hours of free representation and help with:
- Protection against loss of Member’s driver’s license.
- Property damage recovery.
- Recovery of personal injury damages.
VI. UNLIMITED FREE PHONE CONSULTATIONS OR FREE OFFICE CONSULTATIONS AS NEEDED.
- On any personal legal matter which the Firm would otherwise agree to handle at their standard hourly
rates.
VII. ESTATE REPRESENTATION.
- Survivors of Members killed in the line of duty or in off-duty accidents caused by others receive representation in the probate of the Member’s estate at no additional charge.
VIII. WORKERS COMPENSATION.
- Members receive representation in Workers’ Compensation matters. No upfront costs for accepted contingency fee cases. For non-contingency fee matters, the Members shall receive $2,000 of legal services and additional covered costs up to $400.
IX. MEDICAL RETIREMENT.
- Members receive free consultations regarding state or employer-provided disability retirement matters. If Member desires to have legal representation in the disability retirement process, the Firm will provide representation to Member at a discounted rate.
X. DISCOUNTED RATE FOR OTHER LEGAL SERVICES FOR MEMBERS.
- A discounted rate per hour or a contingency fee reduced to 25% 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 flat fee basis, e.g., criminal cases, estate planning. ALC Members and spouses receive 25% off flat fees. A retainer fee may be required on a case-by-case basis for the discounted rates. Actions which are affirmative in nature, i.e., the Member is the plaintiff, are covered in this section.
XI. ATTORNEY REPRESENTATION.
- Where a representation conflict or potential conflict arises, a member may be referred to other ALC retained counsel at no additional charge to the member.
XII. SUPERVISORS.
- Supervisors, regardless of rank, are entitled to legal defense of all disciplinary actions brought against them by their department or agency. Supervisors are also entitled to all other legal benefits of ALC membership.
XIII. EXCLUSIONS.
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 and the ALC Executive Committee determine to be frivolous, or otherwise unmeritorious including decisions to appeal any judgment or claims of defenses.
- 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.
- 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 ALC, or any Member of the Executive Committee, may be an adverse party.
MEMBERSHIP
All Federal law enforcement agents within the State of Arizona are eligible for membership.
