Common Scenarios That Require Legal Counsel
There are situations when a church must engage legal representation. Here are a few examples:
- Employee Lawsuit: A church dismisses an employee who sues for discrimination. The church’s insurance doesn’t cover employment claims, so legal counsel is needed.
- Contested Gift: A deceased member leaves the church $100,000 in a will. The member’s heirs demand the church reject the gift. The church hires an attorney to protect its interests.
- Property Tax Dispute: A tax assessor tries to place a vacant tract of church-owned land on the tax rolls. Legal help is needed to prove tax exemption.
- Zoning Dispute: A zoning board blocks a church from buying land to build a sanctuary. The church hires a lawyer to challenge the decision.
- Policy Development: The church wants to draft an employee handbook. An attorney is engaged to guide the process.
- Records Inspection Request: A member demands access to nearly all church records. Legal advice is sought on how to respond appropriately.
How to Find the Right Attorney
Check for Insurance Coverage
- Many lawsuits and claims are covered by church insurance policies.
- If covered, the insurance company will assign an attorney. Your church may have little say in the selection.
- Always turn over any lawsuit or threatening correspondence to your insurer immediately to determine coverage.
Act Quickly if the Claim Isn’t Covered
- If your insurer denies coverage, hire an attorney as soon as possible.
- Legal deadlines can be tight—some responses must be filed within days.
- Don’t wait for a final insurance determination if time is short.
Ask Other Churches for Referrals
- Contact other churches that have dealt with similar legal matters.
- Ask about the attorneys they used and whether the experience was positive.
Look for Relevant Experience
- Seek out attorneys familiar with nonprofit or church-specific legal issues.
- Call several local attorneys to ask if they have church clients or experience in this area.
Consider Specialized Attorneys
- Church law is a niche field. Local attorneys may not have specific experience.
- A regional or national firm may charge more hourly—but they usually work more efficiently due to their expertise.
Cost Tip: Paying a higher hourly rate to a specialist can be more cost-effective than paying a lower rate to someone who needs to spend extra time getting up to speed.
Compare Options Before Hiring
- Try to identify multiple attorney candidates.
- Solicit bids or proposals before making a final decision.
Avoid Decisions Based Solely on Personal Ties
- A board member may suggest a local acquaintance who is an attorney.
- Avoid hiring based only on personal relationships, especially if the attorney lacks relevant experience with church matters.
Key Takeaway: Selecting the right attorney can have long-term implications for your church. Be strategic. Prioritize expertise, especially in church or nonprofit law, over familiarity or convenience.
