5 Steps for Finding a Good Attorney

The legal needs of Christian ministries differ from their secular counterparts. Finding a qualified attorney who understands the demands of ministry and appreciates the unique character of your mission is beneficial to trusted representation.

But how do you do that? The prospect of hiring an attorney can be daunting, leaving you feeling hesitant. What if you feel you’re not receiving good advice? What if you end up surprised by legal fees that exceed your budget? What if you can’t find someone sympathetic to your mission?

Finding a lawyer who empathizes with your mission and financial resources is possible. This article breaks down the process into five, easy-to-navigate steps. Along the way, you’ll be empowered to ask the right questions of your leadership and of attorney candidates seeking the privilege of serving your ministry’s legal needs.

1. Consider the Need for Outside Counsel

Before reaching out to a local attorney, your ministry’s leadership should assess the situation. These questions can help you evaluate the need to hire an attorney.

Do we have the legal expertise to handle this? Think about those involved in your ministry. You could have access to legal expertise that reduces the need to look outside your organization. Be aware, however, that utilizing a staff or board member who is also a licensed attorney could lead to a professional conflict of interest, which should be avoided.

What is your organization’s risk tolerance? In the long run, choosing not to involve an attorney could cost a lot more than working with one from the outset. What could happen if something went wrong? If your organization is found liable, what might the damages or reputational impact be? Is your ministry willing to carry that risk? For how long?

It's generally better to address issues proactively. When your ministry is facing a complex or high-stakes decision, a licensed attorney can help you move forward in a way that best protects your ministry. The short-term cost of legal fees could lead to long-term savings on several fronts.

How is the situation affecting us emotionally? An escalating crisis or devastating allegation can be intensely emotional for ministry leaders who have dedicated their lives to an organization and its mission. It can be challenging to approach these situations with a clear mind. Attorneys are trained to examine the facts and apply the law while keeping the emotional aspect of a conflict at an arms-length. An attorney’s professionalism and objectivity could be grounding for your leadership team as it prayerfully determines its next steps.

Could a legal opinion provide added protection? In some situations, the legal advice you obtain could affirm your current practice or planned course of action. On the other hand, a fresh set of eyes could identify gaps or the need for procedures that could help your ministry grow stronger. Either way, obtaining and following a written legal opinion from a licensed attorney can serve to limit a ministry's liability for the actions being taken.

Does your insurance policy cover legal costs? Your ministry’s insurance policy may include coverage for legal defense costs in certain situations (for example, an employment claim against your ministry). If the situation may be covered by liability insurance, notify your insurance agent or carrier. If you policy covers the situation, your insurance company will likely retain legal counsel on your behalf.

2. Determine What Type of Attorney You Need

If you were dealing with a sprained ankle, it wouldn’t make sense to visit a cardiologist to receive care. The same goes for working with an attorney—you will probably want to have a tax attorney review your ministry’s tax question.

Attorneys specialize in different areas, so it’s best to hire someone well-positioned to guide your ministry through its specific situation.

Generalized vs. Specialized

An attorney with a general practice likely has some experience in a wide range of subjects. On the other hand, an attorney with a specialized practice tends to have extensive knowledge about specific topics.

Ministries should generally reach outside of their organization to gain expertise and receive legal advice in these specialized areas. Examples of subject matter include:

Business/Financial Affairs: e.g. contracts, transactions, leases, real estate, taxes, intellectual property, benevolence/giving
Employment: e.g. employee discipline, termination, benefits, EEO/harassment complaints
Corporate Governance: e.g. articles of Incorporation, bylaws, board meetings, conflicts of interest, charters
Regulatory Compliance: e.g. government agency complaints, mandatory reporting, reviewing policies and procedures to ensure legal compliance
Crisis Management: e.g. public relations
Cyber Liability: e.g. data breaches, ransomware, other privacy issues
Religious Freedom: e.g. ministry housing allowance, tax-exemption status, other First Amendment issues

It can be helpful to build a “go-to” relationship with a local attorney. Ideally, this person would build an understanding of your ministry’s mission, structure, and interests over time. However, it’s worth thinking through what to do if this attorney doesn’t have a working knowledge of your specific question.

Attorneys are ethically required to provide competent counsel to their clients. If you ask an attorney for legal advice on a topic unfamiliar to them, you may end up paying them to learn the law so they can provide the services you requested. Paying someone to learn and develop expertise creates extra costs and could lead to less effective service. Ultimately, a good “go-to” attorney will gladly refer you to a specialized attorney who should be able to provide more directive advice.

State-Specific Knowledge

A ministry’s legal obligations can vary widely based on federal, state, and local laws, regulations, or ordinances. For instance, an organization’s firearms policy must comply with its state's laws. Legal matters are rarely a one-size-fits-all proposition.

Attorneys are only permitted to practice law where they have been admitted to that jurisdiction’s bar. A California attorney cannot provide state-specific advice to a client in New York if the attorney has not been admitted to the New York State Bar. It’s usually best to work with a locally licensed attorney who knows the legal landscape in your area. This attorney can ensure your ministry is complying with all applicable laws.

Ministry/Nonprofit Experience

When possible, it’s also ideal to find a legal professional who has worked with similar clients. An attorney who has worked with religious nonprofits will likely better understand the protections and tax benefits afforded to such institutions.

In the same way, an attorney who can empathize with your ministry’s mission may be able to more easily understand and advocate for your ministry’s interests and motivations.

3. Collect and Evaluate Referrals

You may find some organizations that can assist your ministry in finding an attorney, such as a local bar association or the Attorney Referral Service offered for free from Brotherhood Mutual. This service searches for attorneys in your area who are members of the Christian Legal Society. If you have previously worked with an attorney but need help in a different area, they may also be able to provide a referral.

Once you gather the names of a few good options, you may want to set up conversations to evaluate them further. In addition to outlining your needs, consider asking potential attorneys questions like these:

What type of cases do you generally handle?
How have you approached situations like ours in the past?
Do you have experience working with other ministries or nonprofit organizations?
How would you handle a request outside your specialty area?
Do you think you could provide us with a legal opinion on the best course of action?
What’s the best way to contact you, and what should we expect from you in terms of communications?
Can you tell me about your fee structure and can you provide an estimated cost for the assignment?

After you speak with a potential attorney, think back to the conversation. Did they seem accessible? Would you be comfortable honestly discussing the circumstances of your situation with them? Can you trust them? Experience and recommendations are important, but it’s also vital to ensure that an attorney is a good fit for your organization’s culture.

4. Obtain Proposals

Before you hire a lawyer, take the time to obtain—and evaluate—a fee agreement and estimate. This type of written document is critical. It sets out clear expectations and parameters for the attorney’s services and how they will be charged. Since attorneys often bill monthly or quarterly, ironing out these details on the front end can help prevent big surprises from large, unexpected bills in the future.

Most fees will be structured in one of the following ways:

Hourly Fee Model: Typically charges for every 0.1 hour (or every 6 minutes) spent on a case by an experience partner in the law firm (highest rate), an associate attorney (lower rate), or a trained paralegal (lowest rate).
Retainer Model: An initial amount is paid upfront to secure legal services. The payment is then subtracted from the retainer amount in hourly billing.
Flat Fee Model: Payment of a flat fee for a specific task or service, regardless of how much time is spent.
Contingency Fee Model: Instead of paying upfront, the client pays a portion of whatever damages they receive to the law firm. (Most commonly seen in personal injury litigation.)

Your ministry could consider obtaining a fee agreement and estimate by asking potential attorneys to complete a Request for Proposal (RFP) form. This form can collect information that could be helpful for your decision-making process, such as:

Personal information about the attorney.
How many attorneys and paralegals work at the firm.
How the law firm allocates time among partners, associates, and paralegals.
The attorney’s legal background, including education and experience.
Questions that could gauge the attorney’s alignment with your mission.
Hourly or retainer rate (or alternative fee agreement).

Keep in mind, you’re in a position to negotiate. Make sure you’re comfortable with the attorney’s estimate and fee agreement. Ministries can face more financial constraints than for-profit businesses, and attorneys may be willing to provide a discounted, nonprofit rate if requested. Similarly, consider discussing a discounted rate if you intend to work with this attorney multiple times.

5. Build Trust and Rapport

Once you’ve signed a fee agreement and estimate, you’re ready to get to work. The Brotherhood Mutual in-house legal team shared these tips that could help your ministry make the most of its attorney-client relationship.

Make your expectations clear. The attorney should understand their assignment, your deadlines, and your needs. Also let them know how often you'd like to receive updates.

Understand and appreciate the attorney's role vs. your role. Your attorney is there to protect your interests and help your ministry make a decision, but how you proceed is ultimately an organizational decision that is up to your leadership team.

Be detailed. Prompt, straightforward communication can help prevent a lot of “back and forth” on clarifying points or the final product. It could also help limit the number of billable hours.

Be candid. It’s not in your best interest to withhold critical details of your situation from your attorney. An attorney should know what you know. Give them the right amount of details to understand the context.

Look for opportunities to meet in person. While meeting virtually can be beneficial, meeting in person can help you get to know the attorney better and can accomplish more in a shorter amount of time.

Build a relationship. Learn more about your attorney and their other areas of expertise. If they provide a helpful service, take time to thank them. Intentionally nurture their legal care for your ministry and its mission.

Treat outside counsel the way you want to be treated. Model the heart of Christ to your attorney. Demonstrate the same sympathy, understanding, and assistance you expect to receive.

Additional Resources

Brotherhood Mutual Legal Assist: Free guidance on complicated questions related to ministry activity, employment law, contract wording, and more.

Posted May 2022. Updated August 2022.

The information provided in this article is intended to be helpful, but it does not constitute legal advice and is not a substitute for the advice from a licensed attorney in your area. We strongly encourage you to regularly consult with a local attorney as part of your risk management program.