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Our membership
numbers are growing locally and across the country. Nevertheless, over the last
year or so, I have often heard the question, "Why should I join the Fraternal
Order of Police?" The first place to start to answer that question would be to
discuss the environment in which law enforcement members find themselves. The
intense scrutiny under which you must perform an extremely difficult job has
made you the targets of the media, politicians, and special interest groups.
This makes you a target of opportunity and exploitation. Without the benefit of
an organized group like the FOP you are out there on your own. Every day you are
exposed to risk of civil suit or administrative action that could cost you your
job and ruin you financially. If for no other reason, the legal protection you
receive as a benefit of membership should convince the sworn Law Enforcement
employee to join. We have the best legal defense plan available for law
enforcement officers, and the best and most experienced attorneys available for
your defense.
The Colorado FOP
offers a legal defense plan that is the best available bar none. It is a self
funded program with back-up to cover catastrophic cases. With the law firms of
Bruno, Colin, Jewell & Lowe, P.C, and Hamilton & Faatz; the FOP has under
contract Colorado’s top two law firms in the specialized area of law of
defending law enforcement officers. These two firms have a successful proven
track record and are certainly in the forefront of any officer’s mind when it
comes to these matters. There is no law firm or attorney in Colorado that can
match their expertise or experience in this specialized area of law.
It is an understandable fact that some of our
members' loyalty to their organization only extends as far as their wallet. It
is a fact that the FOP's loyalty to its members extends to the level of quality
services provided. It is also a fact that the main reason some officers belong
to the FOP is solely for its excellent legal defense coverage. Finally it is a
fact that the majority belong because of a sense of brotherhood, quality
representation in workplace issues, and political representation from the
national to the local level of the FOP.
When examined closely the choice of either FOP or
PLEA legal defense becomes more than just a matter of money. What level of legal
defense is offered by PLEA? When compared side by side the FOP legal defense
plan is by far superior. But an even bigger draw is the quality of attorney
offered when it comes down to the defense of a law enforcement officer. That
defense is viewed not only at an administrative level but more importantly at
the civil and criminal level.
Let’s face it with most administrative issues the
officer has, in all probability, done something in violation of departmental
procedures. Having legal defense coverage, regardless of what plan, is not a
“get out jail free” monopoly card. Unless falsely accused the best an attorney
and his client can hope for during the administrative process is to mitigate the
outcome, insure due process, and protect the officer’s rights.
This is where attorneys, whose practice
specializes in the defense of law enforcement officers, factors in. Attorneys
from the firms of Bruno, Colin, Jewell & Lowe, P.C. and Hamilton &
Faatz understand the uniqueness of our profession and they are recognized
when dealing with internal affairs units and hearing officials. They have the
expertise and “opposition familiarity” to best mitigate a final administrative
outcome.
However, where the cream separates from the milk
is in defense of law enforcement officers who are facing civil and criminal
actions; or both. Here, more than anywhere else, the FOP legal defense plan
shines. With the law firms of Bruno, Colin, Jewell & Lowe, P.C, and
Hamilton & Faatz; the FOP has under contract Colorado’s top two law
firms in that specialized area of law. These two firms have a successful
proven track record and are certainly in the forefront of any officer’s mind
when it comes to these matters. There is no law firm or attorney in Colorado
that can match their expertise or experience in this specialized area of law.
On the other hand we have closely examined the
attorneys and law firms under contract and offered through PLEA. While they are
in all likelihood good in their various practices and specialties; none of them
have notable track records or experience at defending law enforcement officers
in legal matters arising from the nature of their work.
Several are criminal defense attorneys, DUI attorneys, employment
attorneys, and at least one specializes in real estate, bankruptcy and probate.
Several have potential conflict of interest issues when it comes to defending
law enforcement officers. For example the law firm CPPA/PLEA advertises as their
crown jewel is Senter Goldfarb & Rice, L.L.C with attorney Thomas S Rice as
their “go to” guy. Senter Goldfarb & Rice, L.L.C are noted for their defense of
city governments in civil matters. They are
currently on retainer with several municipalities including the City & County of
Denver. They are on the recommended list of the Colorado Municipal League.
They tout Mr. Rice’s successful defense of the
City of Castle Rock to the Supreme Court (CASTLE ROCK V. GONZALES (04-278) 366
F.3d 1093, reversed.). This was a suit based on the plaintiff’s allegation of
government’s duty to enforce a restraining order. Admittedly Mr. Rice did an
excellent job on this case. However, what is not mentioned is that Mr. Rice was
representing the City of Castle Rock and not the individually involved officers.
His firm was under contract with the city in that case. It was in that city’s
interest to include the involved officers in this defense. Had that not been the
case Mr. Rice would have been representing the city, and not the officers. In
fact the Bruno law firm represented the Castle Rock officers in this case, and
filed an Amicus Curiae brief (friend of the court) on their behalf.
CPPA/PLEA fails to note that fact in their
advertising, and uses Mr. Rice’s notable victory as being in defense of the
Castle Rock police officers. What CPPA/PLEA has admitted in a communications
received by us is that Senter, Goldfarb & Rice can represent CPPA/PLEA members
for criminal and civil actions but not for administrative because of a CIRSA
conflict of interest.
As an alternative firm CPPA/PLEA offers the firm of Benezra &
Culver, L.L.C as their alternative when it comes to all three forms of legal
defense. To our knowledge this firm has no track record in defending law
enforcement officers in any of the crucial areas of law enforcement legal
defense. Additionally, a review of the attorney “bios” for this firm places them
on the philosophical opposite side of law enforcement.
As an example, Mr. John A. Culver is an active member of the
American Civil Liberties Union (ACLU).
A review of the other attorneys offered by CPPA/PLEA
reveals similar results. Mr. Frank Lauer has represented the Pueblo Police Union
for years, does only their bargaining, and refers any disciplinary matter
which can't be settled out. He doesn't touch civil or criminal, and has never
even thought about going to a critical incident. Mr. Andrew Peters
(Grand Junction) who’s claimed practice in law is as a DUI attorney.
His information is available at his website:
Mesa County DUI
Attorney .
Mr. Steven Louth is an ex-Boulder County DDA who
is now a criminal defense attorney and regularly finds himself up against law
enforcement officers when handling his criminal cases. Finally, Diane
Goldenstein who specializes in Real Estate, Probate, Bankruptcy and general
civil law with some criminal defense.
There is an oft used phrase of wisdom that, “you
get what you pay for in life”. This is certainly applicable when it comes to
PLEA legal defense. We have no argument with the abilities of PLEA’s attorneys;
just their experience and expertise in the specialized area of law involving law
enforcement. Our profession is unique and the legal problems officers find
themselves in are even more unique. It takes an attorney with experience and
expertise in this area of law to consistently provide adequate defense of a law
enforcement officer. The fact of the matter is FOP has those attorneys. CPPA/PLEA
does not.
Review
the Terms and Conditions!
The FOP from the
local lodge level to the national "Grand Lodge" level works hard to promote our
profession, and improve the working conditions of its members. Although
your dues support those efforts, for the average member that probably is not the
primary reason they join the FOP or any other police labor organization for that
matter. Let’s be honest. The primary reason that most join the
Fraternal Order of Police is for legal defense of claims and discipline against
us. You cannot go an entire career without an Internal Affairs inquiry,
law suit or involvement in a critical incident.
As a law enforcement
officer you are exposed to legal problems daily throughout your career. Every
time you strap on your gun, put the key in the ignition of your patrol car, make
an arrest, or use force in the line of duty you are exposed to civil and
criminal action. It doesn't matter if everything you did was proper and
legal, many an officer has found themselves the subject of an investigation or
lawsuit. When that time in your career arrives you want comfort in the
fact you have the best team of attorneys on your side.
Whether the claim is
administrative, criminal or civil we want to have the best legal defense
available to protect our jobs and our family’s future. In our profession
this is one area you want to have the best coverage possible with top notch
attorneys ready to respond immediately when you need them. These attorneys
specialize in defending law enforcement officers in civil, internal and criminal
actions! Why would you want an attorney with less or very limited
experience in that area representing you when your career and financial well
being are on the line?? Other plans (such as PLEA) cannot provide that
protection regardless of what they may tell you. Yes you get what you pay
for, and with the FOP you get the best.
The Colorado State
Legal Defense Fund is the best legal defense fund available in the State of
Colorado
with over $1 million dollars in its war chest. Its Board of Directors and Fund
Coordinators and Administrator are professional Law Enforcement personnel just
like you. They understand how Law Enforcement is structured and the problems
that are associated with doing our jobs. When a member of the Fraternal Order
of Police is in need, the LDF is ready and willing to lend a hand. The LDF is
the right choice for Law Enforcement Legal Defense!
New &
Improved FOP Legal Defense Fund
At May’s
Biennial FOP State Conference the delegates gathered and adopted an
amendment to the current FOP legal defense coverage offered to members. This
amendment does away with all caps on coverage and will eliminate any and all
deductions. The only firm nationwide that we are aware of offering similar
benefits is PORAC which holds the distinction of being among the best in the
country. However, the revised FOP plan is less expensive for an
organization to belong to. In addition we are self-funded and not an insurance
company which is governed by the insurance industry standard in law cases as to
what is “reasonable and customary charges” when determining their advertisement
of “NO CAPS” and ultimately what they will pay in your defense. That being the
case our LDF will certainly be looked upon as the best available. Certainly
PLEA cannot even come close.
There is no
doubt that the current FOP Legal Defense Coverage provided to our members is the
best in the state, and in all likelihood one of the best in the country.
Regardless of what propaganda to the contrary is being promoted by those who
would offer you PLEA insurance in an effort to entice you to resign your FOP
membership. The fact of the matter is we are the best plan around. We have
several law firms for the members to choose from. Included in these are the top
2 law firms specializing in law enforcement officer defense in Colorado. Two
law firms that have years of experience, expertise and success defending law
enforcement officers from every agency in Colorado. Bruno, Bruno & Collin is
the number one and most experienced law enforcement defense firm in the state.
FOP is also contracted with a law firm that is a close second in experience to
the Brunos, and some would argue equal to that prestigious firm. That is the
firm of Hamilton & Faatz. The primary focus of Hamilton & Faatz is the defense
of law enforcement officers.
Both firms
have extensive experience in criminal, administrative and civil defense in
complicated area of law enforcement officer defense. Both of these firms have
“seen it all”. If it has happened to an officer of the law they have been
involved. From use of force issues to rules violations they have the experience
to provide you with the best advice and defense available anywhere. In any
event these two firms have the credentials, track record and experience to
overshadow any other attorney, or group of attorneys in Colorado when it comes
to defending law enforcement officers in matters arising from their employment.
PLEA
currently offers two local attorneys who are good at what they do in the areas
of specialty of their respective practices. The problem is what they don’t do
often, and may never have done; is represent law enforcement officers in civil
suits, criminal defense, or administrative actions arising form law enforcement
employment that one can find oneself facing at anytime in a career.
We are very
familiar with the two attorneys PLEA advertises to represent their members in
the Longmont area. Most of the current FOP board knows them personally.
They are very good at representing DUI cases, domestic violence defense, minor
criminal defense, real estate and probate. We would recommend them to you for
those affairs. We certainly would not recommend them for the complicated issues
involving use of force or other matters many law enforcement officers face
during their career.
When it comes
down to PLEA and Colorado FOP Legal defense there is no doubt the FOP legal
defense plan is the best and it is about to get better. Per member cost is
almost equal. The only reason PLEA exists is because a minority officers here
do not believe in belonging to the FOP, or feel they can’t afford to pay dues to
support the only organization that fights for them and their rights at the
local, state and national levels. The only organization that acts with their
interest at hand and provides them a voice in the workplace concerning their
working conditions and needs. Those who make that decision are left with the
only “other choice”, PLEA. What they save as a result is the dues the rest of
us pay. What they may ultimately lose is a lot more.
As one
of our members recently pointed out: “Even if our
dues were only for legal defense coverage, would you want the best available or
the next best thing being offered? To me it is the same as spending more for a
ballistic vest that will stop most bullets, versus a cheaper model that will
stop some. For me the choice is easy. For some to realize this it will come
down to the eventual major incident involving a member of PLEA. I just feel
sorry for the brother or sister involved with that coverage.”
How do I file a
claim?
Filing a claim
with the LDF is as easy as picking up the phone. With the exception of a
critical incident, the member in need of assistance need only call the
coordinator assigned to his/her lodge and
briefly explain the circumstances surrounding the request. The explanation of
the claim is to determine if the factual basis for the claim falls under the
terms and conditions of the LDF.
Once the coordinator determines that the case falls within the guidelines, you
are given the name and number of a plan-approved attorney to contact. It’s as
simple as that and takes merely minutes and you are not inconvenienced in any
way. Of course if you’re involved in a critical incident, you may call one of
the plan's attorneys listed on your membership card for immediate assistance.
The right choice for Legal Defense
In most cases with
membership in your local lodge, LDF membership is standard. Please check
with your local lodge to see if they are a member of the LDF. If not speak
to your FOP Lodge officers about joining! (Click
here to see plan: "LDF
Plan")
Point of contact :
Bruno Bruno & Colin P.C.
One Civic Center Plaza Suite 1099
1560 Broadway
Denver, Colorado 80202-5143
Phone 303-831-1099 Fax 303-831-1088 |
