In this age of “do-it-yourself” attitudes and endless resources at everyone’s fingertips, it may be tempting to operate a small charity without a lawyer’s assistance. However, overall, is it sensible? While there is no doubt that most individuals can manage many day-to-day tasks, here are five reasons a charity might benefit from the careful attention of an attorney:
1. An attorney can assist with the initial formation and registration of your charity. Charitable solicitation laws may vary depending on the mission of your organization and the state or states in which it plans to do business and solicit donations.

2. An attorney can provide guidance and support in a charity’s application for and maintenance of federal tax-exempt status. While charities undeniably benefit from tax-exempt status, it does come with its own set of rules and regulations.

3. An attorney can assist with the establishment of your charity’s initial governing documents including drafting bylaws and policies that will outline the roles and responsibilities your charity’s board of directors, officers, and volunteers, ensuring the effective management and success of your charity.

4. An attorney can assist with risk management including addressing liability issues that may arise with fundraising events, volunteers, vendors, and donors. Carefully reviewing contracts is essential to protecting a charity’s interests.

5. An attorney can provide guidance and support in navigating fundraising regulations, ensuring solicitation and donor disclosure practices are compliant with state and federal law.
Overall, investing in legal assistance during an organization’s formation or establishing a long-term relationship for periodic consultations with an attorney contributes significantly to good governance and a well-run organization.
(This blog, prepared by Campanella Law Office, is for general informational purposes only and is not intended to convey specific legal advice, nor is it intended to create or constitute an attorney-client relationship.)