How A Church Lawyer Can Help You

We believe that the church is the hope of the world and that the world can only be changed through the work of the church. A church lawyer at My Church Law Firm is called to help and support you so you can focus on ministry. Our team of lawyers has full-time church ministry experience and decades of experience exclusively representing churches in all aspects of church law.

As you seek a church lawyer for your church, here are a few things to consider:

  • Find a church lawyer that understands the complexities and nuances of church law. Church law is unique and in many cases, is drastically different than the law in all other areas. It is imperative that you hire a lawyer that is experienced in this area.
  • Find an attorney that understands the church. It is a core value of ours to represent the church in a way that honors God. All we do is work with churches and pastors and understand the sensitive reputational aspects of representing and advising your ministry. We understand the church, and we are a resource to you.
  • Our lawyers are leaders in church law with decades of experience in all areas. Whatever your church’s legal need—we have been there and have the experience to help.

Church Practice Areas

Child Abuse Prevention

Protect the children and you protect the mission of your church, ministry, private school, or other nonprofit. The failure to develop and implement a robust child abuse prevention program is one of the easiest ways to destroy that mission and any goodwill. As a full-service, national law firm with almost fifty (50) years of experience protecting our church and nonprofit clients, we take seriously the need to protect God’s children. There is no way for a nonprofit to reduce the risk of child abuse to zero.

Thankfully, My Church Law Firm knows both the law and the best practices to offer children a safer and Godlier environment. We can help you with every facet of child abuse protection efforts:

  • Policy
  • Program
  • Protocol
  • Training
  • Mandatory reporting
  • Imminent situations/concerns
  • Confessionals
  • Offender (alleged, convicted, or otherwise) covenant agreements
  • Safety and security (as part of an overall security and safety program)
  • Fiduciary duties
  • Audits
  • All other child abuse protection matters

You can trust the experienced legal counsel of My Church Law Firm to walk with you in protecting the future generations.

Crisis Management

We are here to help you when you do not know what to do. When a crisis hits your ministry, it is imperative to have a team in place to respond and act swiftly. Our team will walk you through how to respond and communicate to your constituents, the media, and of course, walk through and counsel your team through the legal issues. Our team has decades of ministry experience—including pastoral and school administration—and we are to help you bear the burden of navigating through the crisis in a way that honors God.

Employment

How your ministry handles its staff and employment matters sets the tone for your entire ministry. In recent months, labor and employment cases have become the number one lawsuit that we have defended churches and schools through. On the defense side, we are thoroughly versed in all aspects of defense—including the First Amendment implications—and how to get these cases dismissed or resolved as quickly as possible. We represent clients at all stages of litigation, including the EEOC and state agencies, in the courtroom, and through the appellate process.

On the proactive side, we love to help ministries shore up their existing documents to help prevent lawsuits. Our HR Audit is a comprehensive review that will make sure your ministry’s human resource policies are intact and that your team is educated in labor and employment matters. We offer comprehensive training in this area as it is the most commonly litigated matter in church cases at this time.

Formation

Your vision for a new church is vital to the community. As a national law firm with a personal focus, we counsel you through the entire incorporation process. This begins by analyzing for you the best structure, governance model, and operational guidelines for the organization. Our highly experienced team commences with preparing and filing the new entity’s articles of incorporation (this incorporation document varies in different jurisdictions throughout the United States). We also prepare the new entity’s bylaws consistent with your vision and in full compliance with all applicable federal, state, and local laws. We also coordinate with the Internal Revenue Service ) (“IRS”) to obtain a properly-characterized Employer Identification Number (EIN) for the new entity. You also receive the necessary initial corporate resolution(s) crucial to conducting the nonprofit’s activities, starting any bank accounts, and entering into business relationships. On the state level, we also prepare any applicable draft state tax exemption applications. And ultimately, we prepare the appropriate IRS Form 1023 application for the new nonprofit. A successful application packet results in the IRS granting the nonprofit a formal determination letter. The letter provides donors with confirmation that their donations are tax deductible under federal law. We also provide formal training on initial board of directors leadership and related corporate matters.

There is a lot to forming a new nonprofit. We do the heavy lifting on the legal side so you can focus on your mission.

Governance

As a national law firm with almost fifty (50) years’ experience counseling nonprofits through often difficult and complex governance matters, we are known, proven attorneys dedicated to guide nonprofits wherever they may operate nationally and abroad. For example, My Church Law Firm provides result-oriented counsel with any governance matters, such as the following situations:

  • Board of directors
  • Fiduciary duties
  • Training
  • Conflict of interest
  • Whistleblower
  • Governing documents disputes
  • Governing documents revisions
  • Member concerns
  • Pastor-president concerns (in addition to the employment and other aspects related to the same)
  • Policies
  • Procedures
  • Protocols
  • Resolutions
  • Corporate records and meeting minutes
  • Formal Legal counsel during board and/or member meetings.

There is plenty more to governance, and we cover all of it for you.

Investigations

Sometimes, it is wise to hire a third-party investigator to investigate claims of harassment, whistleblower complaints, or any other complaints that are out of the purview of law enforcement. Our team is skilled and able to effectively and thoroughly investigate matters so you are able to reach a conclusion.

IP/Trademarks

Your ministry’s intellectual property is a very important but often misunderstood and neglected area. Our team of legal professionals can help you understand what aspects of your ministry’s intellectual property need to be protected and can provide your team with the information they need to care for your ministry’s intellectual property matters. We routinely help ministries protect, defend, register, and maintain their trademarks and copyrighted material.

IRS & Tax

Full service IRS and tax law practice, including drafting and filing applications for tax-exempt status (1023 applications), resolving unrelated business income issues, Form 990 issues, private benefit and inurement issues, political campaign and lobbying issues and relationships between 501(c)(3) and 501(c)(4) and other politically active organizations, joint ventures, issues related to charitable contributions and deductions, and IRS audits as well as related matters.

Lawsuits

Church lawsuits are incredibly difficult, and you need an advocate that understands church law, civil litigation, and the nature of churches and ministries a whole. Our team has extensive experience—exclusively representing churches, nonprofits, and schools—in the courtroom. During the course of a lawsuit, effective public relations are also critical. If you entrust your litigation matter to our team, we will zealously advocate your case in the court of law and will walk with you as you navigate the public relations issues.

Dustin Gaines is an experienced and accomplished litigator on behalf of churches across America, For a list of representative case, please see.

Mergers

One of the nation’s most experienced and trusted law firms handling church and nonprofit mergers; we have handled multiple different forms of mergers (including sales and gift agreements among others) and have a well-honed and cost-effective process that we have been proud to utilize on behalf of clients and their merger partners as well as attendant issues related to succession planning, compensation, and other related matters.

Property Matters

Full service real estate and construction law practice for churches, schools and nonprofit organizations with decades of experience negotiating and drafting numerous asset purchase and sale agreements, construction agreements, lease agreements, representing clients with eminent domain and zoning law issues, assisting with traditional and non-traditional financing, including bond offerings and drafting bond opinion letters, negotiating cell tower leases and oil and gas mineral leases and related matters, including condemnation matters and all related issues.

Real Estate

Full service real estate and construction law practice for churches, schools and nonprofit organizations with decades of experience negotiating and drafting numerous asset purchase and sale agreements, construction agreements, lease agreements, representing clients with eminent domain and zoning law issues, assisting with traditional and non-traditional financing, including bond offerings and drafting bond opinion letters, negotiating cell tower leases and oil and gas mineral leases and related matters, including condemnation matters and all related issues.