Attorney Charles Ware's CHURCH LAW UPDATE: 12 CHURCH LEGAL RISKS

Charles Jerome Ware, P.A., Attorneys and Counselors, is a nationally renowned and highly respected  " boutique" law firm which specializes in certain areas of law that  include CHURCH  LAW.  The firm is conveniently headquartered in the Baltimore - Washington  metropolitan area.
For an initial courtesy consultation, contact us at www.charlesjeromeware.com, (410) 730-5016, (410) 720-6129.

  12  LEGAL  RISKS  FACING  CHURCHES AND OTHER  RELIGIOUS  INSTITUTIONS :

   1.  Protect  the  children.  Do more to watch and protect children than simply colloquially putting them in " God's Hands." Know well the people who work with them.
   2.  Protect the money. This is generally the biggest secular problem in religious institutions.
        Be sure to engage a transparent financial accounting system.
    3. Negligent Selection of Church Workers. Use similar or the same proven hiring practices for   church workers as you would for secular institutional workers.
    4.  Negligent Training and Retention of Church Staff. Competent training and retention of workers is critical for the success, viability and longevity of the institution. As in any other business. 
     5.  Negligent Supervision of Church Staff and Activities.   Most lawsuits against churches originate from mistakes made in this area of negligent supervision.
     6.  Negligent Counseling. A very sensitive area. And quite subjective. But full of pitfalls and mine fields for the unwary. Extreme attention should be brought here to proper training of all counselors.
     7.  Child Abuse Reporting.  The Catholic Church is still reeling from its incompetence and negligence in this important area. So is Penn State University. The answer :  Report all child abuse through the proper channels.
      8.Securities Laws Violations. Securities law violations represent the second highest source of damages in civil litigation involving churches. Church leaders should not consider securities as a means of raising funds without the counsel of a securities attorney.
       9.  Employment Law. Despite the " ministerial" waivers and exemptions provided in the law
to protect religious institutions from certain employee grievances, churches and other religious insti-
tutions can still face exposure from various employment practices such as wrongful termination and discrimination. Churches should consult competent counsel regarding employment dismissal issues.
        10. Undue Influence. Church leaders should always be cognizant of the fact that a sizeable gift or donation to a church may be challenged by the donor's family or other relatives if they believe the church or other religious institution has exerted undue influence on the donor.
         11. Personal Liability of Church Board Members.  Always remember, and never forget, that churches and other religious institutions, and their board members, can be sued . Therefore, it is important that religious institutions and their board members carry liability insurance ( frequently called " errors and omissions " insurance.
           12. Punitive Damages.  Church leaders must be cognizant of and understand that reckless inattention to risks can lead to punitive damages (punishment damages), and that such damages are generally not covered by the church's liability insurance policy.