Legal Representation

BROWARD COUNTY PBA LEGAL ASSISTANCE

As a member of the Broward County PBA, one of the primary benefits of membership is legal assistance. The Broward County PBA has a team of attorneys (Barbara Duffy - in-house, Tony Alfero, Michael Braverman, Rhea Grossman and Alberto Milian) as well as numerous law firms to provide you with the best legal services available to law enforcement officers.

AFTER FILLING OUT AN APPLICATION YOU STILL MUST SPEAK WITH LEGAL.

PLEASE ALLOW 1 to 24 HRS BEFORE CALLING FOR US TO RECEIVE YOUR REQUEST.

Submit Online

• Legal Assistance Request (NOT AVAILABLE AT THIS TIME)

• Prepaid Legal Assistance Request

Downloadable Forms

The forms below can be filled out and either droped off at the office or faxed to (954) 583-0405. To help us assist you better please have one of these forms filled out completely before stoping by.

• Client Explanation of Defense Benefits
• Legal Assistance Request Form (PLEASE PRINT AND SIGN NAME IN ALL DESIGNATED AREAS)
• Prepaid Legal Assistance Request Form

*We can not accept partially completed forms.

These services are provided to you as part of your membership:

Barbara Duffy - In House

Claudia Estrada - In House

Tony Alfero -

Michael Braverman - Legal services for the PLAP

Rhea Grossman -

Alberto Milian -

Prepaid Legal Assistance Plan - more

 

INITIAL ADVISEMENT CONCERNING PBA LEGAL ASSISTANCE

Please be advised that your initial contact with the PBA Staff Attorney regarding your specific case is strictly for the purpose of evaluation of the case to determine potential conflicts, whether the incident occurred within the scope of your official duties as a law enforcement officer, and the relative merits (strength) of your case. This is only an initial evaluation of the case, but it is important for you to understand that it is a consultation for evaluation purposes and not an assignment of representation by an attorney. However, any information provided during your initial consultation with a PBA Staff Attorney will be completely confidential under the attorney/client privilege. It is the responsibility of the PBA attorney evaluating your case, to use the information you have provided to determine how best to proceed with your case and whether your position conflicts with the position of the Association as a whole or the position of their members who have also sought the legal assistance of PBA Attorneys. In order to meet the responsibilities, you should expect that it will be necessary to discuss information relating to your case and its merits with the officers or representatives of the Association. After gathering all pertinent information, an analysis of that information and a comparison thereof with Broward County PBA Legal Assistance Policy #95-1, a determination will be made concerning formal assignment of a Staff Attorney for representation. If no conflicts of interest are apparent in your case and your case presents sufficient merit, you will receive written notification of Staff Attorney representation. On the other hand, if there are questions of merit (pursuant to that policy) such as a relatively minor level of discipline, i.e., oral counseling or written reprimand
with no widespread potential effect on the bargaining unit, involvement with drug usage or other prohibited activity under the policy or an extremely strong case against a member with defenses, pursuant to 95-1, a merit review before the Executive Board may be required to determine if assignment of a PBA Staff Attorney is warranted. Resolution of conflicts or merit review necessarily involves discussion of your case with other officers or representatives of the PBA. With regard to incidents that occur off duty, and fall outside of the PBA's legal assistance policy, upon determination of such facts in the initial consultation, a written notice of non-assignment of PBA staff representation will be issued with a referral to the Broward County PBA Pre-Paid Legal Assistance
Program (L.A.P.) which covers representation for administrative aspects of off duty incidents. Please be advised that the costs associated with the L.A.P. are governed by the L.A.P. Policy and will be explained to you by the L.A.P. Attorney. (Please be aware that for off duty incidents, representation on criminal aspects still remains the responsibility of the member, as the PBA does not provide representation for such matters.) With regard to PBA legal assistance, if a staff attorney is assigned as a result of initial evaluation of your case or by direction of the Executive Board after merit review, the following limitations apply to that representation.

PBA attorneys will not be able to assert legal positions on your behalf that conflict with positions of the Association as a whole or that of other members who have also sought legal assistance of PBA attorneys. Where a reasonable settlement is offered by the employer and rejected by the member, continued PBA legal assistance must first be approved by the Broward County PBA Executive Board. If the Executive Board determines that further legal representation is contrary to the best interest of the Association as a whole, then legal representation will be terminated and the member shall be responsible for any furtherance of the case, including any and all legal expenses, fees, and/or costs associated with the case. If at any point in your legal representation, it becomes apparent that a conflict exists: we may attempt to resolve the conflict; you may be referred to independent outside counsel or you may be denied continued legal representation. You will be notified if such a conflict is discovered and what action will be taken by the Association.

 

Disciplinary Cases and Arbitration

The PBA will provide you legal representation in all cases of discipline by your agency, including suspension, demotion and dismissal. Legal representation is provided at all stages of the grievance and/or arbitration process.

 

Internal Affairs Statements and Supervisory Investigations

The PBA will provide an attorney to represent you whenever you are the subject of an internal affairs investigation or supervisory investigation and are ordered to answer questions whether it be a verbal statement or submission of a memorandum.

Before CJSTC

If you are the subject of a certification disciplinary case or inquiry from the Criminal Justice Standards and Training Commission (CJSTC), regarding any incident arising out of and within the scope of your law enforcement duties, the PBA will provide you legal assistance at all three stages of the process, including the probable cause hearing, the administrative case and the final hearing before the full CJSTC.

 

Shootings/Serious Accidents

If you are involved in a duty-related contact shooting incident, an in-custody death situation or an on-duty vehicle crash or other accident which results in a serious injury to another person, the PBA will provide an attorney "on-scene" day or night to assist you with any internal or criminal investigation regarding the incident.

Civil Suits/Criminal Actions

If you are sued civilly, subject of a grand jury investigation or criminal action for an incident arising out of and within the scope of your law enforcement duties, the PBA will provide an attorney to represent you and cover the costs of defending the case against you.

We provide access to an attorney, 24 hours a day, seven days a week, to respond to your emergency, duty-related legal needs.

To ensure these benefits are available to you, you must be a member in good standing on the date of the incident and remain a member in good standing throughout representation.

 

Page updated on October 5, 2010 10:24 AM

 

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