Q: Should our church have a reserve set up to help fund a defense effort if we're ever sued? This money would help pay legal expenses, church administrative costs to assist with discovery and other needs, and possibly even a settlement or awarded damages, if any arise.
A: There is no compelling reason in most cases for a church to have a reserve for legal expenses. This is why you have liability insurance. A reserve may be advisable if legal expenses are anticipated that are not covered by insurance (such as employment disputes). But the better response to these risks is to obtain insurance coverage.
There still may be some legal expenses that are outside of any insurance policy, but they will be rare. A small reserve fund that carries over from year to year would be an option. I have never seen a church do this, however.
This content is designed to provide accurate and authoritative information in regard to the subject matter covered. It is published with the understanding that the publisher is not engaged in rendering legal, accounting, or other professional service. If legal advice or other expert assistance is required, the services of a competent professional person should be sought. "From a Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations."
Due to the nature of the U.S. legal system, laws and regulations constantly change. The editors encourage readers to carefully search the site for all content related to the topic of interest and consult qualified local counsel to verify the status of specific statutes, laws, regulations, and precedential court holdings.