how to find the right lawyer for a non profit

by Dr. Erwin Conroy Jr. 6 min read

The American Bar Association (ABA) recommends starting looking for a lawyer through a trusted friend, relative, or business associate. When obtaining a recommendation from a friend or colleague, be sure to ask specifically what work was done, what the outcome was, and how long ago it was to make sure the referral is relevant to your situation.

5 Tips for Finding a Nonprofit Lawyer
  1. Look Outside Your Board. Many nonprofits ask attorneys to be on their board of directors for their expertise and experience as a lawyer. ...
  2. Ask Around. ...
  3. Find Referral Sources. ...
  4. Meet with the Potential Attorneys. ...
  5. Create a Performance Review Schedule.
Sep 25, 2014

Full Answer

Where can I find a non-profit lawyer?

You’ve come to the right place to find lawyers for non-profit organizations. Here at Stock and Leader, our business lawyers understand your passion. We know that you’re driven by creativity and you’re working hard to develop a strong organization that makes your community proud. We also know that pesky legal issues can sometimes ...

Why do you need a non-profit attorney?

Matthew B. Edwards. Thomas, Fisher & Edwards, P.A. Recognized Since: 2019. Location: Greenville, South Carolina. Practice Areas: Business Organizations (including LLCs and Partnerships) Corporate Law Mergers and Acquisitions Law Nonprofit / Charities Law Tax Law Trusts and Estates. Lawyer.

Can I hire a non-profit lawyer on UpCounsel?

Jun 26, 2018 · We've helped more than 5 million clients find the right lawyer – for free. Present your case online in minutes. LegalMatch matches you to pre-screened lawyers in your city or county based on the specifics of your case. Within 24 hours experienced local lawyers review it and evaluate if you have a solid case.

How can UpCounsel help my non-profit?

May 13, 2020 · Lawyers are up to date on the latest resources available for non-profits and can help you determine which ones might be beneficial to you (and which ones are best avoided). Obtaining Tax Exemption This is a major, major component of running a non-profit, and you can’t set this up alone.

image

Are the most common reason for lawsuits against non profits?

Employment Law Claims. The most common – and often the most costly – claims against nonprofits are employment law-related claims. Harassment, wrongful termination, retaliation, discrimination and wage-and-hour disputes are among the top claims against nonprofit employers.Aug 27, 2018

How do nonprofits get in trouble?

Failing to track and respond to the nonprofit's declining financial condition, resulting in its insolvency and inability to pay off its debts and liabilities (including payroll taxes) as they become due. Tolerating, wittingly or unwittingly, a hostile, noninclusive, and/or unsafe work environment.Jun 25, 2017

How do you find a good attorney?

You can run an attorney search at databases such as Avvo and Martindale Hubbell, which provide information such as practice areas, location, disciplinary records, and lawyer reviews. You might also consult your local or state bar association's attorney directory, which is a list of lawyers in your area.

How do I lose my 501c3 status?

Earning too much income generated from unrelated activities can jeopardize an organization's 501(c)(3) tax-exempt status. This income comes from a regularly carried- on trade or business that is not substantially related to the organization's exempt purpose.

Why do so many nonprofits fail?

The real data from National Center on Charitable Statistics reveals that approximately 30% of nonprofits fail to exist after 10 years, and according to Forbes, over half of all nonprofits that are chartered are destined to fail or stall within a few years due to leadership issues and the lack of a strategic plan, among ...Sep 7, 2019

What should you ask the lawyer before hiring a lawyer?

Below are ten questions to ask your potential lawyer.How long have you practiced law? ... What type of cases do you generally handle? ... Who is your typical client? ... How many cases have you represented that were similar to mine?More items...•Apr 13, 2018

What are some questions you should ask a lawyer?

Questions to Ask Your Lawyer During a Consultation1) What kind of experience do you have with similar cases?2) What would be your strategy for my case?3) Are there any alternatives to going to court?4) What are my possible outcomes?5) Who will actually handle my case?6) What is my role in my case?More items...•Jan 29, 2017

What source online would you think is the most reliable for finding a quality lawyer?

Best for Finding a Lawyer FindLaw Every legal issue requires a different type of attorney and the best place to find them all is FindLaw. The online directory lists hundreds of U.S. attorneys in 119 specific areas of law, making it easy to find the most qualified practitioner for your case.

How to limit liability for non profit?

These include: Purchasing liability insurance; Including a liability limitation clause in contracts; and. Producing and maintaining clear policies and procedures. Find the Right Business Lawyer. Hire the right lawyer near your location.

What is a non profit organization?

A non-profit organization, also known as a non-profit corporation, is an organization that exists to fulfill a non-monetary purpose. This is different from a regular corporation that exists to make a profit. The two types of corporations are structured and function in a similar manner. However, a non-profit corporation may have tax-exempt status ...

What can an attorney do to help determine if a claim is available?

Present the evidence gathered and review the facts. The attorney will be able to help determine what, if any, claims are available and what, if any, damages are available. If an injury or loss has occurred, an individual may be able to recover compensatory damages.

What is the role of a board of directors in a non profit?

Their main role is to set policies and oversee issues like finances, strategic planning, and/or management-level hiring. The board of directors of a non-profit organization will appoint officers.

What is the business judgment rule?

The business judgment rule offers directors and officers protection when making decisions on how to manage the non-profit organization. For the most part, a director of an officer will only be held liable in rare circumstances, such as if they acted in bad faith.

What can an attorney do?

An attorney can also assist with steps that may not be obvious to the general public. For example, somes a business or defendant’s legal name may be different than the name known to the public. The state in which they are incorporated will also matter, as well as what state or states in which they operate.

What is the purpose of gathering information and evidence for a claim?

The organization may be able to resolve the issue. If the issue is unable to be resolved without litigation, it is important to gather information and evidence to support a claim. This may include correspondence, such as emails or letters, documents, receipts, contracts, and/or any other documents available.

What is Upcounsel for non profit?

On UpCounsel, you can find and connect with top-rated non-profit attorneys & lawyers that provide a range of non-profit law services for startup non-profits to more seasoned non-profits. Any of the top-rated non-profit lawyers you connect with will be available to help with a variety of your non-profit legal needs on-demand or on an ongoing basis.

How many patents does Thomas Love have?

Holder of seven patents, Thomas Love has a work history spanning from a partnership in a major firm (specializing in international corporate finance) to working at a number of startups, including in software, global supply chain, and online education.

Who is Seth Wiener?

As an experienced trial lawyer and litigator, Seth Wiener has resolved numerous federal and state litigations. His cases have included everything from family law to bankruptcy to fraud and more. Before Seth formed his own firm, the Law Office of Seth W. Wiener, he worked for several prominent law offices where he gained a great deal of experience.

Who is Josh Garber?

Representing notable clients like Tesla and the City of Los Angeles, Josh Garber excels at helping clients with employment and labor laws. Many of his past clients have had great success using Josh for employment agreements and Division of Labor Standards Enforcement (DLSE) hearings. With his practical advice, he has even helped clients avoid going to court.

Who is Stacy Smith?

Stacy Smith is your go-to for your business and real estate needs. She can help with business sales and purchases, entity formation, contracts, and more. Whether your business needs help with vendor agreements or financing, Ms. Smith can help. She can also deal with things like zoning and separating or combining lots. She brings her 25 years of experience to every legal issue.

Who is Alejandro Maher?

Alejandro Maher’s firm specializes in domestic and international corporate transactions, commercial litigation, and arbitration. He has represented individual investors, entrepreneurs, and emerging-growth companies in matters of public and private offerings of equity, M&A, and real estate financing. Currently, Alejandro has over 50 domestic and international clients.

Who is Steven Stark?

For over 30 years, Steven Stark has offered counsel to non-profit organizations and private companies. He has a passion for helping small businesses in particular since he himself started several businesses of his own in New York and Florida. He understands the importance of small businesses having a reliable attorney to advise them about legal matters from their inception.

Our Methodology

Recognition by Best Lawyers is based entirely on peer review. Our methodology is designed to capture, as accurately as possible, the consensus opinion of leading lawyers about the professional abilities of their colleagues within the same geographical area and legal practice area.

Practice Area Definition

The nonprofit and charities practice involves all respects of legal works relating to nonprofit and charitable activities.

Can a Non-profit Corporation Be Taxed if it Makes a Profit?

Non-profit organizations are corporations that concentrate on fulfilling a public purpose rather than on making money. The purpose can be a charitable, scientific, educational, religious, or literary. A non-profit can apply to be tax-exempt as long as it can show it is primarily working to fulfill one of these public purposes.

Should I Consult an Attorney when Trying to Form a Non-profit Organization and Determining What its Activities Will Be?

Formation of non-profit corporations as well as getting tax-exempt status from the federal government can be quite complex. You may want to consult a business attorney to help you understand these laws and walk you through the steps of forming a non-profit group, and what you have to do to get tax exempt status.

How does LegalMatch work?

We've helped more than 5 million clients find the right lawyer – for free. Present your case online in minutes. LegalMatch matches you to pre-screened lawyers in your city or county based on the specifics of your case. Within 24 hours experienced local lawyers review it and evaluate if you have a solid case.

What Does a Nonprofit Lawyer Do?

Once you have obtained your tax-exempt status, there are specific compliance issues you must abide by including filings with the state, tax law issues and more.

Hire a Nonprofit Lawyer

Instead of running the risk of filing the wrong paperwork, missing important deadlines for required state and tax filings, you can turn to Way Law PLLC. We have had years of experience helping for-profit and non-profit businesses with a broad range of issues including contracts, risk management, and regulatory compliance.

What is nonprofit legal services?

Every nonprofit organization needs legal counsel at some point – and history shows that litigation can be an effective tool to bring about social change. Selecting the right attorney for your nonprofit organization is key. We recommend finding legal counsel for your nonprofit before a crisis arises so you can protect your ...

What is a nonprofit ally?

From starting a nonprofit to managing the day-to-day charity operations, to navigating any crisis that may arise, having an ally who knows how to keep your nonprofit in compliance with the law is invaluable to keeping your nonprofit running smoothly. And if your nonprofit is involved in a dispute or lawsuit, Charitable Allies provides legal representation for nonprofit organizations in a variety of situations, whether there is a dispute with vendors or donors, between tenants and landlords, over gifts made via wills and trusts, and many others. Any of these situations can escalate into litigation, so it’s best to be prepared by seeking a lawyer who understands the legal needs of your charity.

How to resolve governance conflict?

Advise on proper procedure to resolve governance conflict, identify a solution, and carry out a solution, including litigation if necessary. Revise operating agreements, conflict of interest policy, etc. Advise regarding membership and related questions. Resolve board governance disputes.

image

Ask Other Nonprofits

  • An easy way to find a lawyer who specializes in nonprofits is to ask the executives of other nonprofits. If they have worked with nonprofit lawyers before, they will be able to tell you their experience and how they found their lawyer. You can also find local attorneys online by doing s…
See more on halt.org

Ask Previous Clients For Their Feedback

  • If you are interested in a certain law firm that does legal work for nonprofits, it is recommended to get the opinion of their previous clients before you hire anyone. The previous clients will give you their first-hand experience. You will also be able to understand some of the work procedures of the lawyer. This will help you decide whether the law firm is the right one for your nonprofit.
See more on halt.org

Make Use of Free Consultations

  • Most lawyers provide free consultations or case reviews for their potential clients. While attending a free consultation, make sure you take an experienced person along who will give their opinion on the lawyer and decide whether he is a good fit for your nonprofit. In the consultation process, the lawyer will go over the legal services your nonprofit requires and tell you how he will be able …
See more on halt.org

Review Your Lawyer’S Performance

  • After you decide to hire a lawyer, review his performance to see whether he is performing his legal duties properly and if your nonprofit is benefitting from his partnership. If his services aren’t up to the mark, we recommend you start looking for another lawyer.
See more on halt.org

Who Runs A Non-Profit Organization?

  • The majority of non-profit organizations are run by a board of directors. In some states, they may be known as trustees. Their main role is to set policies and oversee issues like finances, strategic planning, and/or management-level hiring. The board of directors of a non-profit organization will appoint officers. Most organizations have a president, a secretary, a treasurer, and possibly othe…
See more on legalmatch.com

Can A Non-Profit Organization Be Held Liable For Its Actions?

  • In the majority of states, a non-profit organization is treated as a legal entity capable of suing and being sued. Because of this, it must abide by any contract entered into. It must also exercise the same duty of care as any other corporation would in the same circumstances. Additionally, because a non-profit organization is set up similar to a corporation, there is limited liability for th…
See more on legalmatch.com

When Are Directors, Officers, and Members of A Non-Profit Liable?

  • Much like corporations, the directors and officers of non-profit organizations are given a large amount of discretion to manage their organization. The business judgment rule offers directors and officers protection when making decisions on how to manage the non-profit organization. For the most part, a director of an officer will only be held liable in rare circumstances, such as if the…
See more on legalmatch.com

How Can Non-Profit Organizations Limit Liability?

  • There are steps a non-profit organization can take to limit liability. These include: 1. Purchasing liability insurance; 2. Including a liability limitation clause in contracts; and 3. Producing and maintaining clear policies and procedures.
See more on legalmatch.com

What Types of Disputes Are Common with Non-Profit Organizations?

  • Non-profit organizations are businesses, just like any other corporation. They may face similar types of legal issues, including, but not limited to: 1. Employment disputes such as harassment, wrongful termination, and/or wage/hourdisputes; 2. Disputes regarding the services, products, and/or pricing provided by the non-profit organization; 3. Non-litigation clauses, or clauses that p…
See more on legalmatch.com

What Are The Steps to Sue A Non-Profit Organization?

  • When suing a non-profit organization, there are steps that can be taken to ensure a more favorable outcome. In most cases, it is best to attempt to resolve the issue outside of a courtroom. Litigation is costly and time-consuming for all parties involved. An important step is to notify the organization of the issue in writing and include any requests. The organization may b…
See more on legalmatch.com

How Can A Lawyer Help?

  • Non-profit organization laws can be complex and vary by jurisdiction. An experienced business lawyercan provide guidance throughout the claims process and fight to obtain the best results for you. Lawyers specializing in non-profit organizations will be especially helpful in these cases. This type of lawyer can review your case and ensure that timelines and deadlines are met in your cas…
See more on legalmatch.com