Tips for Working with a Nonprofit Attorney
Whether you’re forming an organization, negotiating contracts, or ensuring compliance with tax-exempt regulations, having a knowledgeable nonprofit attorney as your partner is essential. These tips for working with a nonprofit attorney can help you make the most of your legal counsel.
Know when to call an attorney
Many nonprofit leaders assume they only need legal counsel for major issues, but there are many day-to-day issues for which an attorney may be needed. An experienced nonprofit attorney can help your organization with:
Reviewing contracts, including leases and any large gift agreements.
Ensuring compliance with evolving tax-exempt regulations.
Responding to any issues related to board governance, conflicts of interest, or employment law.
Navigating mergers, dissolutions, or partnerships that may impact how your organization functions.
The legal landscape for nonprofits is constantly changing, and there are many misconceptions about what’s legally required of nonprofits. The fact that your organization or another nonprofit has been doing something for years doesn’t mean it’s legal or best practice. Consulting with an attorney can help you understand legal implications and reduce risk for your organization.
Choose the right attorney for your needs
Nonprofits are unique business entities, and you need an attorney who understands nonprofit law and compliance. If there’s an attorney serving on your board, beware of potential conflicts of interest, as well as the potential ethical considerations of an attorney serving on a nonprofit board.
The attorney who is advising and managing legal documents should provide an objective perspective and ensure any legal decisions made are in the best interest of the organization. It’s also important to understand that a nonprofit attorney represents the organization, not the individual employees or board members involved.
Some nonprofits avoid seeking outside legal counsel because they assume it will require an expensive retainer agreement, but that’s not always the case. Legal support can be tailored to fit your needs, and sometimes a short consultation can effectively address an issue.
Come prepared for your consultation
When working with an attorney on an issue or question, we recommend sending as much information in advance as possible. Clearly outline the issue and any steps you have already taken, plus list any specific questions you have.
Providing information in advance allows your attorney to review your notes and do any necessary research, so they can better advise you during the meeting.
Be future-focused and open to other ideas
Effective legal counsel looks at the big picture and focuses on ensuring a solid foundation for the future of your organization. While a nonprofit attorney can help you solve an immediate need, they may also identify risks or opportunities you haven’t considered.
For example, resolving an employment law issue may lead to recommendations to update your employee policies to prevent similar issues in the future. Taking a proactive, future-focused approach can help you stay in compliance and avoid other legal issues.
The right legal partner answers the immediate questions while also equipping you with the knowledge and tools you need to continue making a positive impact.
Find a legal partner for long-term success
A nonprofit attorney isn’t just a short-term problem solver — they are a strategic partner who can help you navigate complex legal issues with confidence. By recognizing when to seek legal guidance, choosing the right attorney for your needs, being prepared for consultations, and staying future-focused, your organization can build a solid foundation for compliance and long-term success.
If you need help with short-term or long-term legal issues in your organization, contact the Nonprofit Solutions Law team for more information about our services.