Establishing and managing a nonprofit organization involves navigating a complex legal landscape. From compliance with state and federal regulations to protecting your organization’s assets and ensuring proper governance, the role of a nonprofit law attorney is indispensable.
Choosing the right attorney for your nonprofit can significantly impact your organization’s success and longevity. Asking the right questions to evaluate their suitability is imperative to the search process. However, it can be hard to know what to ask when interviewing potential attorneys.
In this article, we’ll highlight five essential questions you should ask a potential nonprofit law attorney to ensure they are the best fit for your organization. By addressing these key areas, you can make an informed decision that aligns with your nonprofit’s mission and legal needs.
What is Your Experience with Nonprofits?
Experience matters significantly in nonprofit law, given its unique challenges and regulatory requirements. An attorney with extensive experience is more likely to be familiar with the intricacies of nonprofit operations and the legal issues that commonly arise.
Additionally, nonprofit law encompasses a wide range of specialties, including tax-exemption, fundraising, governance, compliance, and more. You will want to understand the attorney’s areas of specialization so you can determine if they have the relevant expertise to address your organization’s specific legal needs.
Don’t be afraid to request examples of past successes; they can provide insight into the attorney’s track record and their ability to achieve favorable outcomes for clients. Look for examples that closely align with your nonprofit’s mission, size, and legal challenges.
What Steps Will You Take to Learn About Our Organization’s Mission, Goals, and Challenges?
Any attorney you hire to represent your organization should demonstrate a proactive approach to learning about your nonprofit. They should outline a clear process for familiarizing themselves with your organization’s operations, culture, and strategic objectives. This might include reviewing key documents, meeting with leadership and staff, and attending board meetings or events. Their commitment to understanding your nonprofit will enable them to offer more relevant and effective legal guidance.
How Will You Keep Us Informed About the Progress of Our Case or Legal Matter?
Effective communication is a cornerstone of a productive relationship with your nonprofit law attorney. Regular communication about the status of your legal matters ensures that you are always aware of important developments and can make timely decisions. Ask about their communication protocols, such as how often they will provide updates and through what channels.
Timeliness in responding to inquiries is also essential, especially when dealing with pressing legal issues. Inquire about the attorney’s typical response time to gauge their availability and commitment to addressing your concerns promptly. This can help prevent potential delays and ensure that your nonprofit’s needs are met efficiently.
Your attorney will also have to communicate with your board of directors. Nonprofit boards are often composed of individuals with diverse backgrounds, not all of whom may have legal or financial expertise. Your attorney should be able to distill complex legal concepts into clear, actionable advice that is easily understood by all board members. Ask for examples or scenarios where they have successfully communicated intricate legal matters in a straightforward manner.
Can You Explain Your Fee Structure and Billing Practices in Detail?
Your organization needs to have a clear understanding of how an attorney charges for their services. Ask them to detail their fee structure, whether it is hourly, project-based, or contingent on specific outcomes. Clarifying billing practices, such as how often you will be invoiced and the level of detail provided in billing statements, helps ensure there are no surprises and that you can plan your budget accordingly.
Alternative fee arrangements can provide more predictability in legal costs. See whether the attorney offers options like flat fees for specific services, monthly retainers, or other flexible arrangements that can make managing expenses easier. Also ask about potential extra costs, such as filing fees, court costs, or fees for expert witnesses.
Do You See Yourself as a Long-Term Legal Partner for Our Organization?
Most nonprofits look to establish long-term relationships with their attorneys to better support the ongoing success and stability of their organization. Ask any candidate to share their perspective on how they envision supporting your nonprofit over time. A long-term partner should demonstrate a willingness to invest in your organization’s mission and goals, providing consistent and reliable legal support as your needs evolve.
Because proactive legal support is vital for preventing problems before they arise, you’ll also want to inquire about the attorney’s strategies for identifying and addressing potential legal issues early on. This might include regular compliance reviews, risk assessments, and ongoing education for your board and staff. Their proactive approach should align with your organization’s commitment to mitigating risks and ensuring compliance with all relevant laws and regulations.
Key Takeaways
Selecting the right nonprofit law attorney can be a challenge. However, doing so is an important step in supporting your organization’s success and sustainability.
By asking the essential questions outlined in this article, you can gain valuable insights into the attorney’s experience, understanding of your organization, communication style, fee structure, and potential for a long-term partnership. With these tools in your hands, you can now start your search with confidence.
