Why Legal Risk Management?

Why Legal Risk Management?
Nathan A. Adams, IV, Ph.D., M.A., Esq.©2009

Legal risk management may seem a bit dull by comparison to evangelism or missions. Most ministry leaders are hard pressed to consider it a core ministry function at all or deserving of a budget line item. But the truth is quite the opposite. Legal risk management controls the steamiest of church scandals, minimizes the worst forms of predation, and can avoid utter ministry paralysis or ministry-ending liability. It can even stimulate ministry.

Of course, knowing that legal risk management is valuable is not enough. Like faith, ministries must act on their knowledge. They may not have the opportunity later. Secular companies long ago came to the conclusion that legal risk management is a natural cost of doing business. Ministries generally have not. They got a free pass because they have been venerated. But circumstances have changed. The culture has shifted. The legal risks have multiplied.

A classic response some ministry teams have to legal risks besides disregarding them is to turn to a member for free professional advice. Sometimes this works out well. More often, it is like taking your Ferrari to the Chevy dealer for free service: the volunteer is not well trained for the task at hand and may not be adequately motivated to fix it anyway. Not always a better plan is entrusting your ministry to a trained professional uncommitted to its goals. This professional may miss important ministry opportunities or curtail fulfillment of the ministry's vision.

The best strategy is legal risk management by trained professionals committed to achieving the objectives of your ministry. Begin with a legal audit to diagnose your vulnerabilities. Prioritize the risks and begin to minimize them by adopting policies reviewed by counsel. Periodically review your policies in the event your practices or the law changes. Even consult with counsel about ministry objectives, because they may know of ways the ministry can achieve them that you have not considered.

Legal risk management done correctly forces a ministry to think deeply about its theology of service and should actually catalyze ministry. It is a positive sum activity, rather than zero sum cost. Where before, personnel may have shied from certain undertakings due to potential liability, they are liberated to pursue their callings after the risks are managed. Built on a firm legal foundation, a ministry will thrive as its staff, members, and donors become confident that they are protected and ministry resources are stewarded.

Nathan A. Adams, IV is an attorney with the law firm Holland & Knight, LLP, with offices throughout the United States and overseas. He holds a Ph.D. in international political economy from the University of Florida, J.D. from the University of Texas School of Law, and B.A. from Wheaton College in Wheaton, Illinois. Dr. Adams specializes in representing religious and educational institutions. He chairs Holland & Knight, LLP's Religious Institution practice group and its Florida education practice team. He has published extensively in law reviews and trade journals such as the NACBA LEDGER and CHURCH EXECUTIVE MAGAZINE and publishes a monthly Religious Institution Update. He also routinely presents at conferences for organizations such as the Florida Baptist Convention, NACBA, Florida Bar, ACSI, and Federalist Society. Previously, Dr. Adams served as Chief Litigation Counsel for Christian Legal Society's Center for Law and Religious Freedom and the Executive Office of Governor Jeb Bush in the areas of education and community and faith-based planning. Nathan is admitted to the U.S. Supreme Court and multiple federal appellate and district courts. He has argued multiple federal and state trial court and appellate cases. For more information on Dr. Adams, you may visit http://www.hklaw.com/id77/extended1/biosNAADAMS/

Back to List...

 

Church Security Articles

• Is Your Church a Safe Church? »

  With proper security measures in place, a church or religious organization can deter or prevent a potential incident from happening, said security experts.

• The Church Office - A Security Threat? »

  “If I call your church office, what’s the likelihood I can have a one-on-one appointment with one of your pastors in their office (behind closed doors) by the end of today?

Free Newsletter Signup

•