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City that has driven the defense of this case...only [the Officer] is exposed to the negative consequences of the City’s costly defense strategies, as the City has refused to indemnify [the Offi- cer] for attorney’s fees.
damages and the legal work performed in support of his claim for punitive damages. Indeed, the City does not even attempt to parse the attorneys’ fees into the separate categories.”
Accordingly, whenever the City is defending you for actions arising out of the performance of duties, you should be aware of everything that is going on in your case and demand that you be kept informed. Remember, under the Rules of Professional Con- duct that govern all attorneys, notwithstanding that the City is providing for the legal services, those attorneys still have an eth- ical obligation to represent you. At a minimum, you should demand that the attorneys: (1) communicate with you regularly on the status of your case; (2) advise you of all settlement offers; and (3) provide you with copies of all documents filed in your case.
Arbitrator Roumell found it significant that a Federal Court Judge already had ruled on this issue and he was not going to substitute his judgment for that of the Court. Finally, the arbitra- tor adopted the Lodge’s position that, under the plain language of Article 22, as well as in prior arbitration decisions, attorneys’ fees are “damages or monies which may be adjudged, assessed or otherwise levied.” As such, the City was responsible for indemnification for this attorneys’ fees award.
As a final note, in this particular case, on the eve of trial, the plaintiff offered to settle the case for an extremely modest settle- ment amount. The attorneys retained by the City to represent the officer, after consultation with the City, (but not with the offi- cer), rejected the settlement and continued to trial. It was only after the Court entered the award of attorneys’ fees did the City advise the officer that it was taking the position that it was not responsible for indemnification of the fees. Significantly, a fact not lost on the Court, was the specific observation:
I hope everyone had a wonderful and safe Holiday Season. d
“...although it is [the Officer’s] paycheck on the line, it is the
Pasquale (Pat) A. Fioretto has been associated with the Baum Sig- man law firm since 1990, and as of Jan. 1, 1999, became a share- holder member of the firm. He concentrates his practice in the areas of labor and employment law, in both the public and pri- vate sectors.
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will not go unnoticed. How one reacts to a difficult situation will define a person. A captain’s nautical skills can’t be tried in calm waters. Police officers’ skills will undoubtedly be tested in the coming months. I am confident you will meet this challenge and emerge stronger as a result.
me to drop it. I was surprised by their advice, especially consid- ering that some of the individuals were themselves defamed by the same people. These individuals had some of the finest repu- tations in the legal community, and I could not understand how they did not share my “street-fighter” insistence in attacking the lies. As it turned out, they did not lack passion in any way: they simply knew the appropriate manner in which to channel their passion.
With my experience, I committed to use it as a challenge and vowed to emerge a better person and a better lawyer. I refused to lower myself to the level of my opponents. I focused on being the best advocate possible and, in the end, I sincerely believe that going through the experience was the greatest thing to have hap- pened to me on a professional level.
I was advised that fighting these individuals was not in my best interest or that of my family or my business. Begrudgingly, I followed their advice. Looking back, I can honestly say that it was the best decision I have ever made. I divorced myself from this crew and focused 100 percent of my energy on the things that mattered most in my life: my family, friends, community and my business. I gained standing in my community and pro- fession for the decision to act professionally and refrain from engaging in a battle of mudslinging. My friends, I plead, needed to do the same.
Police Officers, I have told my friends, could experience the same benefit. Lies and self-serving statements by people lacking integrity will eventually be seen for what they really are. I am convinced that the majority of the public and the politicians will eventually realize that the vast majority of police officers are dedicated professionals who act with integrity and perform an invaluable service to the public. There is a segment of the popu- lation that may never share this opinion; however their opinion should be of no concern to us. Although it can be frustrating waiting for the cream to rise to the top, we must remember that it will. The hard-working men and women of law enforcement are the cream and I look forward to seeing them on top again. d
Concern yourself with people and causes that deserve your attention. Ignore the detractors because they do not merit your attention. Continue to act as a professional and resist the urge to sink to the level of the detractors, most of whom lack integrity and fortitude. They are beneath you and do not warrant your consideration. You are a professional and do not need to defend yourself to anyone.
My dad would often preach that “the cream rises to the top.” He was right. The lies may linger and the truth may never be fully realized; however the manner in which one handles adversity
Dan Herbert is a former Chicago Police Officer, Cook County Prosecutor and in-house attorney for the Fraternal Order of Police, Chicago Lodge #7. He is the founding member of The Law Offices of Daniel Q. Herbert and Associates.
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