Legal Defense Fund
Adopted December 13, 1990

As an additional benefit to the FOP membership, the FOP, through its Legal Defense Fund, 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.

The Legal Defense Fund is 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 that occurs within the member's 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.

By the provision of a legal defense fund, the State Lodge in no way admits the liability of the
officer-member, nor does the State Lodge admit any liability of the FOP in conjunction with the
officer- member.

Who is covered?
All active FOP members who, at the time of the incident which necessitates legal defense, are active
law enforcement officers in good standing with the N.C. FOP and their local lodge.

Does the FOP have subrogation rights?
Yes. The FOP is subrogated, up to the amount given towards legal defense, to any amounts received by
the member as an award in the case. Example: Member shoots Mr. Smith. Mr. Smith sues Member. As
part of defense, Member counter- claims for attorney fees and wins. FOP is repaid by Member up to the
amount of FOP contribution from the attorney fees awarded by the Court to Member.

May I choose my attorney?
Yes. The State Lodge does not choose your attorney. However, the State Lodge through the Legal Aid
Committee may recommend a particular attorney.

Does the FOP pay me or my attorney?
The attorney, upon the attorney's submittal of a bill and the approval of the Legal Aid Committee.

Critical Incident Situations
Approved legal defense funds are available upon the authorization of any local lodge or State Board of
Director members 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 officer/ member's actions within the scope of
his/her employment. The FOP's assistance is available by contacting a local lodge or State Board of
Directors member and notifying him/her of the critical incident. The legal defense request may be
done by phone with a follow-up request in writing. Funds will be made immediately available after the
initial phone contact. The State Board of Director member will make the initial notification to the
Legal Aid Committee, for you, in these Critical Incident Situations.