If you are named as a defendant in a civil suit, your reputation, and your career (and sometimes even your personal assets), are at risk. In a typical suit, a plaintiff is seeking money (compensatory or punitive damages, and legal fees) from you and/or your agency. Usually (but not always), your employer or its insurer will hire an attorney for you and usually your employer will be responsible to pay any damages or fees awarded.

PROCESS SERVICE. If you are served: you should note the date, time, and manner of service; copy the documents for yourself; and send the originals to your agency head immediately. Do not discuss the matter with anyone else until you speak with your attorney.

CHOICE OF COUNSEL. If you are skeptical of the loyalty of the attorney provided by your employer, you should speak with an attorney you trust to advise you and monitor the case. This consultation, and ongoing monitoring and advising, is covered by most legal defense plans. You also have the right to hire your own attorney to represent you in the lawsuit, but there are significant implications of this decision. This decision should be made after carefully analyzing the unique facts of the situation with an attorney you trust. Typically, the attorney provided by an employer will be competent and experienced; and will be ethically bound to represent the defendant officer’s interests.

This should not be construed as advice for any specific situation. Please call for specific legal advice based on the unique facts of your situation.

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