LPP REPORT
The anatomy of a legal
protection claim
More than two thirds of our members are
enrolled in our legal protection plan, which
is an exclusive benefit for PBA members
only. It is wholly owned by the NJSPBA and is
completely controlled by our members. Due
to the fact that we have complete control of
our plans, we have not had a rate increase
on our base plan in nine years. During that
same period, we have increased the bene-
fits by 25 percent while maintaining assets
that far exceed the national plan of our rival,
which ensures security for our members for
years going forward.
We undergo a yearly actuary study and audit which have
consistently shown that we have enough cash on hand to pay
every open claim on the books with excess cash “put away” for
an unexpected situation. This is an alternative to our previous
practice of buying “reinsurance” that guards us against an un-
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expected catastrophic loss.
It has been some time since we reviewed our practices and
policies with regards to claims administration, so below is a
step-by-step guide for our members, a “how-to” list when you
have an incident that might require activation of the plan.
1. Contact your state delegate. Tap into their network and
expertise. They will also have direct access to the State
PBA staff, who can assist with guidance. The delegate
will give you a form which you then bring to a partici-
pating attorney to open the claim.
2. Pick an approved plan attorney and bring the claim
form. We have hundreds of attorneys all over the state
who have signed exclusive contracts with the LPP. The
list is posted under the LPP tab on the State PBA web-
site. You, as a member, can choose anyone from the list.
It is important to know that we will never authorize a
nonplan attorney to work on an LPP claim. The reason
for this is that our attorneys have been vetted by a Lo-
cal, a County Conference, the LPP Committee and the
State Board of Delegates and have also agreed to work
for a lower hourly rate.
3. Participate in your case. While it is important to know
that every time you interact with your attorney, money
is coming out of your aggregate coverage, you do need
to be an active participant.
4. If you are not happy with your attorney’s perfor-
mance, change attorneys. While I don’t normally sug-
gest this, sometimes the chemistry does not lend itself
to a successful outcome for your claim. It is important
to know that if you do decide to change, a great deal of
work will be duplicated, thus eating up some of your
coverage. Remember, you are the client — the PBA just
pays the bills.
5. Listen to your attorney. While we encourage partici-
pation in your case, our attorneys have a great deal of
experience in litigating disciplinary claims. Don’t tell
them to appeal simply for the sake of appealing the
case. I have seen numerous cases where the member
takes a bigger hit after the appeal that what was offered
in the original deal. If you did what they said you did,
and there is a fair penalty, consider your options. Con-
versely, if you are getting a raw deal, we are here to sup-
port you.
6. Keep your local leadership in the loop. Ask for help if
you need it. If you have questions, you can reach out to
the State Office to get answers.
Always remember that we are here to help and support all
of our members. d