by Mark Goldfeder
Every church – and for that matter every pastor, rabbi, synagogue, temple, religious leader, etc. – needs a great attorney. And not just someone they can call when something bad happens: they need someone they can talk to on a regular basis to make sure that they are protected, and that they are getting the benefit of the many unique opportunities available to them as religious nonprofit organization.
In terms of liability, it is fair to say that on any given day a pastor and a church face as much or even more risk than almost any other professional and organization in our society – yet oftentimes they have the least amount of legal awareness, preparedness and protection. And the kinds of liabilities they face are often specific to their niche industry – which means that overcoming them requires specialized skills and knowledge. At the same time, the pastor and the church also regularly fail to take advantage of the numerous legal benefits that are actually designed to help them succeed in their missions, simply because they do not know enough about this area of the law.
The emerging area of Church Law, which combines subsets of administrative, civil, regulatory, and occasionally criminal law, deals with everything ecclesiastical from the technical to the theoretical, from upholding lofty constitutional rights to interpreting statutory and administrative regulations detailing minutia. Of course, there are the well-known cases that most people have probably heard of- from infamous televangelists scamming constituents and other equally abhorrent abuses of power to the shocking misappropriation of funds, to earth-shaking exposes on sexual misconduct, this country has seen an explosion in church related legal matters. But not every church matter involves purposeful wrong. In fact, the vast majority of church related legal issues revolve around people of good faith concerned about the making of good faith mistakes- and faithfully trying to correct them, or (even better) becoming aware of their potential existence so that they can avoid them entirely. That is where the majority of church law should happen in a well-run church operation.
A great church law attorney can establish plans, policies, and processes designed to keep the organization, its leaders, and their people out of trouble. Regular attention to the proper management, oversight, and operations of an organization will greatly decrease the likelihood that an issue will arise that cannot be contained and that will end up disrupting the church’s overall organizational health and well-being. In that way the practice of church law is somewhat akin to the administering of preventative medicine – a little something in advance can go a long way towards making sure a minor hiccup does not become a major episode.
In order to move safely through society, both professional and lay leaders of religious communities need a solid grasp of the underlying web of laws, statues, regulations, orders, etc. that governs the way their respective entities interact with the world. An experienced church law practitioner will provide a framework through which their clients can approach and assess the needs of their congregations and help them establish a strong foundation.