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OFF-DUTY/ EXTRA DUTY LEGAL SERVICES PLAN
Updated On: May 09, 2013

The Colorado Fraternal Order of Police in cooperation with the law firm of Elkus Sisson & Rosenstein, P.C. is now offering an inexpensive outstanding addition to its Legal Services for all FOP members (including retired) in good standing.  The FOP’s duty related Legal Defense Plan that all members enjoy is by far the best available to law enforcement.  No other plan comes close.  However members have been asking for the opportunity to have a low cost legal service to cover "off duty" and/or non-law enforcement related legal matters.  This option is NOW AVAILABLE!!!

This optional legal services benefit gives members who elected the option  a wide variety of legal services to include off duty incidents, incidents that are not duty related,  non-law enforcement related legal matters; including family law and most necessary legal services.  Members selecting this optional coverage will now have financial peace of mind when it comes to legal matters.

COLORADO FRATERNAL ORDER OF POLICE

OFF-DUTY/ EXTRA DUTY LEGAL DEFENSE PLAN

Eligibility: This plan is available to all Colorado Fraternal Order of Police (hereinafter “FOP”) members in good standing.

Cost: The cost of obtaining this off-duty/extra duty legal defense plan (the “Plan) will be $10.00 per month per member.  Any FOP member in good standing that wishes to opt into this Plan must return an executed copy of this Plan acknowledging their agreement to be bound by the terms and conditions of the Plan together with a completed ACH form authorizing the debit of $10.00 per month.  The dues will be debited on the 1st of every month and be deposited into an FOP State Lodge Account.  The costs of administering the Plan will be deducted from the FOP State Lodge Account.  The FOP State Lodge will remit the collected funds less the costs of administering the Plan to Elkus Sisson & Rosenstein, P.C.  The FOP member and the FOP agree and understand that fees are deemed earned by Elkus Sisson & Rosenstein, P.C. upon receipt. 

Representation:  Legal services (excluding matters concerning wills, trusts and estates) will be provided by the law firm of Elkus Sisson & Rosenstein, P.C., 501 South Cherry Street, Denver, Colorado 80246, phone number: 303/567-7981.  Legal services involving wills, trusts and estates matters will be provided solely by Zisman, Ingraham & Mong, P.C., attention: Dan Mong, Ptarmigan Place, Suite 650, 3773 Cherry Creek North Drive, Denver, Colorado 80209, phone number:  303/320-0023. 

Coverage:   So long as a member is in good standing and is paying the monthly cost, he or she will receive $15,000.00 per year in legal services that may be used in one or more of the following practice areas:

1.         Family Law: Family law includes any divorce, child support, allocation of parental rights and responsibilities, restraining orders or any other matter typically heard in the domestic relations docket of the Colorado District Court.  Specifically excluded from family law coverage is any type of adoption, international child custody, or immigration matters. 

2.         Criminal Defense:  Criminal defense includes any misdemeanor or felony case.  Specifically excluded from criminal defense coverage is any traffic ticket or parking violations (DUI/DWAI is considered a misdemeanor and is therefore covered).

3.         Employment Law:  Employment law matters include unemployment hearings, civil rights matters, and any matter generally considered to be an employment law matter.

4.         General Real Estate or Transactional Matters:  This practice area includes landlord/tenant issues and/or disputes, real estate transactions, real estate finance and general business matters. 

5.         Wills, Trusts & Estate Law:  This practice area includes consultations involving and the preparation of one or more of the following documents (as needed) - simple will, medical power of attorney, financial power of attorney, living will, simple will with trust provisions and declaration of last remains.  

Disclaimer:  Unless expressly mentioned above, all other practices areas of law are not covered by this Plan.  For instance, the Plan does not include matters concerning immigration, securities, syndications, environmental, tax, immigration, patent, copyright and intellectual property law.

Fee Agreement & Billing:  Prior to the commencement of any work, each member must execute a mutually acceptable fee agreement with the applicable law firm or firms.  The fee agreement will expressly state the scope of the work and that fees will be waived up to the annual cap of $15,000 so long as the member is in good standing and is paying his or her monthly charge.  Once the $15,000 threshold is reached, the member will pay at the rate of $165.00 per hour (the FOP rate) directly to the law firm or firms on any given case.  The member will receive a monthly statement so that he or she can track time spent and costs incurred.  All time will be credited to the member until such time as the member exceeds the annual cap of $15,000.

Costs:  Each member agrees and understands that the Plan covers only attorney’s fees - not “costs.” Each member will pay directly or reimburse the applicable law firm for all costs necessarily incurred in the representation of the applicable member.  Depending upon the nature of the representation, such costs may include without limitation:

(a)        Fees payable to the court and for service of process;

(b)        Subpoena and witness fees;

(c)        Costs of investigation, photographs, and film;

(d)        Fees of court reporters to take and prepare transcripts of depositions;

(e)        Costs for reports and records from physicians, hospitals and employers;

(f)         Costs and fees for experts for preparation of reports, preparation for depositions, and preparation for and testimony at trial;

(g)        Necessary travel and related expenses; and,

(h)        Photocopying, postage and long distance telephone calls.

Conflict:  In the event that there is a conflict in representation, Elkus Sisson & Rosenstein will pay conflict counsel legal fees up to the $15,000.00 threshold for representation in the event that we are unable to provide the coverage due to a conflict.  

FAVORABLE OUTCOME NOT GUARANTEED:  Each firm will use its best efforts in representing each member.  However, the law firm or firms cannot make any representations concerning the successful or favorable outcome to or conclusion of a member's claim, or of any legal action that may be pursued.  Each member further acknowledges that a firm’s expressions relative to a member’s possible success are preliminary opinions based on our then current knowledge of the matter. 

_______________________________          _______________________

FOP Member Signature                                  Date

Click on the following Link should take you to an online application form which you can download and mail:

Off Duty & Extra Duty Legal Defense Form


Download:
Off Duty Legal Defense Application.pdf

 
 
Colorado State Lodge F.O.P.
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