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PLEA Legal Defense Attorney Compensation According To Teamsters
!!!
Below you
will find the cap limits as outlined in the attorney compensation schedule for
PLEA plan attorneys. The source of this schedule is the Teamsters. This
document is used when soliciting plan attorney's for Team Legal (PLEA)
attorneys. This compensation schedule is less than adequate for the costs
involved in the specialized defense of law enforcement officers when it comes to
issues concerning use of force that could result not only in administrative, but
civil and criminal actions. Attorneys are limited to $125 per hour
reimbursement to the caps posted below. We know they are expected to work “pro-bono”
on qualifying cases or bill the member for excess. Not likely. For out of plan
attorneys the rate of reimbursement is at $80 per hour with much lower caps.
Rates and limits that we know are below what any attorney worth his salt would
expect. It would appear there is no mention of these particular caps in the
PLEA plan. Why is anyone’s guess?
PORAC and FOP
LDF have no caps, hidden or otherwise, and they have the best attorneys in
Colorado working for their subscribers. PLEA is making claims of being
successful in Colorado. Their definition of success in Colorado was a handful
of independent subscribers in Longmont prior to CPPA contracting with PLEA.
CPPA appears to be a dying organization that has seen its membership drop in the
last couple of years from close to 3500 members to 1400 members. In recent
weeks CPOC has been overwhelmed with CPPA members seeking to become associate
members. This started when CPPA pulled the rug out from under its unknowing
members feet and dumped both PORAC and with it the Bruno law firm.
A "survival" move we suspect was done to reduce costs and dues. We have
received emails from CPPA members on the west slope who state the mere fact PLEA
is in any way associated with the Teamsters is the final straw for them.
Now that’s a measure of PLEA success.
So CPPA is
offering PLEA legal defense and you pay $15.00 a month for the PLEA legal plan
plus $30 for CPPA membership. Why would someone join CPPA when they can go
directly to PLEA as an individual, and get the same inferior legal plan for
$13.41 a month and save money? Why would is PLEA legal be cheaper through
direct membership than through CPPA? For the quarterly magazine
apparently.
One other
interesting point. You can go to PLEA's website, CPPA's website, and the
Teamsters website. All of whom are PLEA legal defense. Each of which bullets
the so-called highlights of their PLEA plan but gives no details. At each web
site there is no link you can follow to study before you buy. Apparently the
only way you get a copy is if you join the Teamsters, CPPA; subscribe to PLEA,
unless you find a member that will show you their copy. All very odd
considering you can go to PORAC website or the Colorado FOP state website and
access either organizations entire legal defense plan. Over 7,500 law
enforcement officers in Colorado can't be wrong when it comes to their legal
defense and choice of attorneys, and that number is growing.
PLEA PLAN PAYMENT SCHEDULE
PARTICIPATING ATTORNEYS
COVERAGE
MAXIMUM BENEFIT
A. DEFENSE OF CRIMINAL CHARGES
1. Pleading & Preparation prior to
trial $12,500
PLUS
2. Up to $500 per 2 day of trial
$12,500
B. ADVICE AND PREPARATION
$2,500
FOR GRAND JURY HEARING
C. DEFENSE OF CIVIL LAWSUITS
1.
Pleading and preparation
$12,500
prior to trial
PLUS
2. Up to $500 per 2 day of trial
$12,500
D. DEFENSE OF EMPLOYMENT DISCIPLINARY
$10,000
PROCEEDINGS, NOT INCLUDING NON-DUTY
RELATED PERSONNEL MATTERS
E. OPTIONAL SUPPLEMENTAL COVERAGE
1. Defense
of employment disciplinary $5,000
proceedings, including non-duty
related personnel matters
* If more than 50 hours are expended in defense of an
action in this category,
the attorney may bill the member for
the excess.
In addition to the amounts shown above for Coverages A,B,C & D,
reimbursable costs are paid
in
full. Investigative fees are paid in full up to $1,000. The fees for
participating attorneys are
payable at the rate of $125 per hour or $500 per 2 day
for trial time.
Definition
of Trial:
Trial begins with the impaneling of a jury, or in a non-jury
trial, with the opening statement of
the parties. It does not include appearances on motions,
pre-trial conferences or appearances and
continuance by the court.
In cases of particular complexity, where the limits of the
fee schedule are clearly inadequate, the Trustees of the Professional Law
Enforcement Association, Inc., Legal Defense Fund may elect to make
payments in excess of those limits. Such payments will be made only from
available reserves of the fund.
Legal Defense Coverage for
Associate Members
Prior to the formation of the Colorado Police
Officer Coalition (CPOC), Colorado law enforcement organizations had no formal
united voice in our state. Each department was governed by rules established
by their separate jurisdiction, and subject to local control. Officers lacked an
organization that represented the interest common to all representative
organizations.
Recognizing our weakness if we stood alone, I
began to talk with leaders of police organizations throughout state. It became
immediately clear that a unified law enforcement voice was the key to our
success in gaining a recognized voice at the state house. These discussions with
other officers were the beginning of the Colorado Police Officer Coalition. I
reached out to Mike Violette from the Fraternal Order of Police and Dave Hoover
of Lakewood Police Department IUPA to discuss my thoughts and concerns. From
these discussions, the CPOC was born.
CPOC is a collective group of officers from
various police and sheriff's departments throughout Colorado who have a common
goal: the betterment of working conditions for all of Colorado's peace officers.
Until recently, our focus was directed to gaining recognition at the state
level, and nothing more. Then an event occurred which we believe is unspeakable.
Because of its impact on our fellow officers, we determined that the issue must
be addressed.
The Colorado Police Protective Association (CPPA),
whose purpose it was to provide benefits to law enforcement officers throughout
the state, pulled the rug out from under its members by changing its legal
defense plan offered through PORAC. A new plan was substituted without properly
notifying its members or telling them what their options were. One minute,
hundreds of officers who had been covered professionally by PORAC had their
coverage stopped without explanation. The next minute officers were simply told
they were being rolled over into a different plan. NO provisions were made to
cover pre-existing cases, and due diligence was not done to research the panel
of attorneys used by the new legal plan.
By way of example, not one of the panel attorneys
available under the new CPPA plan has experience representing police officers
before internal affairs. Though the attorneys selected have some experience in
civil actions involving officers, they generally represent the interests of the
department and not the officers involved. Few have any criminal experience, and
certainly none involving the defense of officers charged criminally in the
performance of their duties. The question that needs to be asked is, "Who are
you going to call at 3:00 A.M. to respond to your critical incident or to represent
you at Internal Affairs?" Will it be an attorney with limited experience
representing police officers or will it be experts in this highly specialized
area of law?
In recognition of the dilemma and risk that CPPA
has created for its officers, the CPOC has joined with the PORAC Legal Defense
Fund (LDF) to once again offer officers the best legal plan available. In so
doing, we have ensured that one of the best firms in the nation representing law
enforcement officers will be your primary attorney. The firm is Bruno, Colin.
Jewell & Lowe, and P.C. The name says it all.
In the event you are involved in a critical
incident, an attorney from this firm will be at your side immediately, not the
following day or next week. Do you really want to be represented by an attorney
who has never worked in this complicated area of the law when you are given a
Miranda advisement as the result of your performance of duty? Are you willing to
become a guinea pig testing the waters when your job security and loved ones are
at risk? Why would any law enforcement officer in Colorado trust their future to
the unknown when the best is at their disposal and at rates that anyone can
afford?
To become a member of CPOC is easy. Complete the
associate membership application, and enclose your check for our annual dues for
membership. The minimal annual fee of $35 is payable to the CPOC. With this
payment, you will become an associate member of the CPOC through the Denver Police Protective
Association. The Denver PPA has successfully represented its members
independently since 1908 and has made its PORAC Legal Defense Plan available to
CPOC associate members.
The legal defense coverage is an additional cost
and is not included in your annual CPOC membership. Select the level of legal
coverage you want that best fits your needs and budget. Legal plans for
associates start at
$3.50 per month. providing civil (monitoring only) and criminal coverage. Full
civil and criminal coverage is available for $10.00 per month. At $17.00 per
month you are fully covered in all civil, criminal and administrative
proceedings related to your employment. The cost is insignificant when compared
to the risk.
CPPA has, in our belief, failed its
membership. CPOC seeks only to return officers to the legal defense plan which
was taken from them. Join now!
Anyone interested or seeking more information can
contact CPOC Board Members Mike Mosco at 303-250-7953 or Mike Violette at
303-591-3842. Follow this link for a review of the CPOC Associate
Member LDF Fact Sheet:
LDF Fact Sheet
Sincerely,
Mike Mosco
Colorado
Peace Officers' Coalition
CPOC
Offers Legal Defense Coverage for Individual Officers or
Non-Affiliated Law Enforcement Officer Organizations.
CPOC’s current membership includes the Denver
Police Protective Association, the Aurora Police Protective Association,
the Colorado Springs Police Protective Association, the Lakewood IUPA, the Arvada IUPA, the Boulder Police Union,
the Greeley Police Union, the Delta Police Officers' Association, all lodges of
the the Colorado Fraternal
Order of Police, and other organizations representing over 7,500 law enforcement
officers in Colorado. If you are a member of any of these organizations or
their subordinate organizations then you are automatically a member of CPOC and
enjoy full representation in the coalition. You also have legal defense
coverage available through your representative organization and are not eligible
for CPOC associate membership.
CPOC recognizes the need for law enforcement
officers to be afforded the best legal defense coverage possible. CPOC
founding organizations each have their own excellent LDF plans for their
members. CPOC member organizations are contracted with the top two law
firms in Colorado when it comes to law enforcement officer legal defense. The
two best legal defense plans available to law enforcement in Colorado, are the
Colorado Fraternal Order of Police’s LDF and PORAC. Both PORAC and the Colorado
FOP utilize the services of Bruno, Colin, Jewell & Lowe, P.C. which is
considered the premiere and most sought after law firm representing law
enforcement officers in Colorado. The Colorado FOP also offers the services of
the law firm of Hamilton & Faatz, to its members.
Hamilton & Faatz also has an
outstanding record defending law enforcement officers in Colorado.
PORAC provides legal defense coverage only
to officers who belong to representative organizations that contract with them. The Colorado
FOP provides legal defense coverage only to Colorado FOP members. In order to
be afforded legal defense coverage provided by PORAC you must be a member of a
law enforcement officer organization that contracts with PORAC. In order to be
afforded legal defense coverage provided by the Colorado Fraternal Order of
Police you must be an FOP member.
Unfortunately there are individual officers and
law enforcement organizations in Colorado who do not belong to a representative organization
contracted with PORAC; or are not a member lodge of the Colorado FOP. As a result those officers or
organizations either have inferior legal defense plans whose attorneys have
little or no experience or expertise
in the specialized
area of law defending law enforcement
officers;
or no legal defense plans available to them at all. CPOC recognizes this
and is offering a plan that offers non-affiliated CPOC associate members one of the best legal defense coverages available in
Colorado.
The CPOC will not offer
legal defense coverage to individual law enforcement officers who can obtain a
legal defense plan by membership in the Colorado FOP, or in their department’s representative organization if
that organization is a CPOC member. This restriction is
designed to avoid the "stealing" of members from individual CPOC member organizations. It
is envisioned that individual qualifying law enforcement officers who become
CPOC associated members, or independent law enforcement organizations joining
CPOC whose members who are not covered or contracted with other legal defense
plans, may apply for Legal Defense coverage with CPOC.
Fraternally,
Mike Violette
Colorado Peace Officers'
Coalition
Attorney Comparison With PLEA
It is an understandable fact that some members'
loyalty to their organization only extends as far as their wallet. It is a fact
that a law enforcement organization'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 a law enforcement organization 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.
When examined closely the choice of legal defense becomes more than just a matter of money.
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.
(PORAC & FOP)
and Hamilton &
Faatz
(FOP)
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, PORAC and the FOP legal defense plans
shine. The law firms of Bruno, Colin, Jewell & Lowe, P.C, and
Hamilton & Faatz; are 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 CPPA by 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 and PORAC have those attorneys. CPPA/PLEA
does not.
Fraternally,
Mike Violette
Colorado Peace Officers'
Coalition
CPOC
Associate Legal Defense Coverage Plan Details
The fee for law
enforcement representative organizations & associations to join CPOC is $250 per
year. This fee does not include LDF coverage. The CPOC
will not offer legal defense coverage to individual law enforcement
officers who can obtain a legal defense plan by membership in the Colorado FOP,
or from their department’s representative organization if that organization is a
CPOC member that offers its own legal defense plan.
Individual
qualifying law enforcement officers who become CPOC associated members, or
independent law enforcement organizations joining CPOC whose members who are not
covered or contracted with other legal defense plans, may apply for Legal
Defense coverage through CPOC. CPOC LDF coverage is a per member option for
those CPOC organizations & associations wanting to offer it to their members.
Each of your members enrolling in CPOC LDF coverage is required to sign on as a
CPOC associate member with an annual $35 per member administrative fee.
Individual Colorado Law
Enforcement Officers joining as associate members who do not belong to a CPOC
member organization individually pay a $35 per annum fee for legal defense
coverage in addition to the plan’s monthly premium. The $35 per annum per member
fee is assessed to cover administrative costs of the plan. Your application will
be screened to insure eligibility for an associate membership.
Email
Brea@DPPA.com
or call
303-250-7953 for plan details or membership questions.
Legal Defense
Fund, Plan I
Cost: $17.50
per member per month
General
·
Providing
representation to public safety officers since 1974
·
Run by peace
officers for peace officers
·
Reserves of more
than 4 million dollars
·
More than 65,000
Participants including the Denver PPA, Aurora PPA, and Colorado Springs PPA
·
No Caps on Benefits !!
·
#1 Police Labor
Firm in the State of Colorado – Bruno, Colin, Jewel & Lowe. Other firms
available for conflict cases.
Administrative Discipline
·
Representation in
cases arising from an act or omission within the scope of employment through the
administrative process (non-scope administrative coverage provided through Due
Process Hearing).
Criminal
(act or omission within the scope of employment)
·
Full
representation by an experienced criminal attorney from the outset of the
investigation through trial.
·
This benefit is
available no matter what agency does the investigation:
·
Local
·
State
·
Federal
·
FBI
Civil
(act or omission within the scope of employment)
· Representation
by an experienced civil litigation attorney. Coverage continues until you have
no exposure to damages.
·
Representation is
for defense of actions filed in State or Federal court.
Customary
and Usual Services
·
Investigators
·
Expert Witnesses
·
Polygraphists
·
Court Reporters
·
Court Costs
Conflict coverage
-
Each
member gets separate counsel
Click the below link for:
 CPOC
Member Application Form
(Click Here To Return To Top)
Point of contact :
Bruno, Colin, Jewell & Lowe, P.C.
One Civic Center Plaza Suite 1099
1560 Broadway
Denver, Colorado 80202-5143
Phone 303-831-1099 Fax 303-831-1088 |
