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LEGAL AID

As a benefit to the FOP Membership, the FOP, through its Legal Aid Plan, offers to assist in the legal defense of members in good standing with the State Lodge and their local lodge when such members face litigation or prosecution for acts within the scope of a member’s employment as a law enforcement officer.
 
There are two Legal Aid Plans for Active Members: The National FOP Legal Defense Plan and the NCFOP State Lodge Legal Aid Plan.
 
The following information is for the State Lodge Legal Aid Plan.  The State Lodge Plan will continue to consider all Administrative requests from members and Criminal, Civil and Administrative requests from a A-Associate members (for those A-Associate members not eligible for the National Legal Aid Plan) when such members face litigation or prosecution for acts within the scope of a member’s employment as a law enforcement officer.
 
The National FOP Legal Defense Plan considers all Criminal and Civil requests from Active members and those A-Associate members who are eligible for the National plan.
 
Both the State Lodge Legal Aid Plan and the National Legal Defense Fund are for those situations where the law enforcement officer inflicts fatal or serious injuries upon a person or persons, is sued for civil damages or prosecuted on criminal charges related to any incident which occurs within the members’ scope of employment or faces suspension without pay or termination as a result of any incident that occurs within the member’s scope of employment.                         
 
Please note that the State Legal Aid Plan (like the National Plan) does not provide coverage for civil actions, lawsuits, or related proceedings that are initiated by or proposed to be initiated by any member, irrespective of whether they are an Active or A-Associate Member.  Please make sure that your members understand this.

 

CRITICAL INCIDENTS

Immediate legal defense is available to the member upon the authorization of any Local Lodge Board of Directors member in cases of an incident where the officer/member is involved in a situation where serious or fatal injuries have occurred as a result of an office/member’s actions within the scope of his/her employment. 
 
The FOP’s assistance is available when the member contacts a Local Lodge Board of Directors member and advises they have been involved in a critical incident. 
 
In critical incident situations, Local Lodge officers should immediately contact an attorney for the member. The necessary filings should be completed and submitted within the next few days

 

The required paperwork for A-Associate members (not eligible for the National Plan) is the NCFOP Legal Aid Plan Application. For Active members, the National Claim Reporting Form should be completed and submitted within a few days.

 

PROGRAM RESTRICTIONS

Incident must occur in the performance of the officer’s official duty. Any alleged or actual act or omission that is not duty related will not be covered.

 

Eligible officers must make the request for assistance by completing and submitting the NCFOP Legal Aid Plan Application or the on-line National Claim Reporting Form. 

 

Any claims for payment which are not specifically related to legal defense matters, will not be covered.
 
The legal defense fund is applicable to payment of claims not covered by insurance or other contributors. An exception occurs where the member-applicant belongs to a lodge which has a legal defense fund in place. In those cases, the State Lodge Plan or National Plan will pay legal claims first before the member-applicant need apply for local monies.
 
The provision of Legal Defense Funds is designed solely to assist active members of the NC FOP with their legal defense in appropriate actions; however, in the provision of such funds, the NC FOP assumes no responsibility for the actions or inactions of its members.

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