Volunteers represent the lifeblood of most any church and finding enough of them is always a challenge. Yet volunteers, by their very nature, act as representatives of a church—and any missteps with their screening, selection, supervision, and training can unfortunately open the door to unwanted legal troubles. In this episode, Erika delves further into the legal theories behind these potential vulnerabilities for churches, then offers quick tips that can help minimize them across key...

In this episode, Erika addresses this question by drawing from her nearly 25 years of experience exclusively serving churches and nonprofits. There are state and federal laws, court rulings, and regulations, of course. But what about local governments? Or the laws and rules for international activities? And what about online services, be it online streaming or even the vast and emerging metaverse? Erika touches on each of these topics and offers high-level takeaways. Show Notes:...

Stories of moral failures committed by pastors and ministry leaders have become all too common, eroding congregational trust, and creating legal liability. Not long ago, the Evangelical Council for Financial Accountability (ECFA) set out to learn more about what triggers these events—and how churches and ministries might get better at preventing them through written accountability plans and healthier cultures designed to support leaders and encourage transparency. In this episode, ECFA...

The Church Law podcast’s audience continues to grow—and with this 16th episode, it’s time to give the listeners a turn. In this episode, Erika and guest Matthew Branaugh, attorney and content editor at Church Law & Tax, review several listener-submitted questions. Whatever topic they’re tackling, listeners are sure to find several questions they relate to—and the information they need to move forward in their ministries. Show Notes:   ·        “What Does it Mean for a Church to be in...

Year after year, child sexual abuse is the top reason churches find themselves in court. Unfortunately, no church is immune. So, how do church leaders handle allegations of abuse and the reporting of suspected abuse, and also work to create a risk management program? In this podcast, Erika and guest Matthew Branaugh, attorney and content editor at Church Law & Tax, tackle such questions as they identify keyways to reduce opportunities for abuse to occur in your congregation. Show...

With millions of downloads and a top 3 ranking at one point on Apple podcast, The Rise and Fall of Mars Hill had many of us captivated. From a legal standpoint, the decline and ultimate demise of Mars Hill Church offers a cautionary tale with respect to governance and alterations to decision-making structures. Founded in 1996 as a home Bible study, Mars Hill Church grew to more than 12,000 people at 15 locations in weekly attendance. After a series of internal conflicts and troublesome...

Many churches have a presence on social media today. However, church leaders may not have considered myriad legal and ministry considerations they must work through when using various platforms. In this episode, Erika talks with Heather Thompson Day, host of the Viral Jesus podcast, about how churches can effectively use social media and avoid the negative unintended consequences that always seem to be lurking. Show notes: ·        Listen to the Viral Jesus podcast on Christianity Today’s...

Whether you’re a church with one employee or a hundred, you need to be prepared for employment issues. That’s because these issues frequently lead to legal concerns for churches. Questions abound about whether to hire a certain candidate, conduct background screening on employees and volunteers, fire someone, or offer severance, among other things. Then there are myriad issues raised by the COVID-19 pandemic, and what work looks like with the virus now part of daily reality.   In short, every...

The Church Law episode with the highest listenership to date is “Legal Issues for Churches in Pandemic Times” with guest Dr. Panagis Galiatsatos.   Six months after that recording, issues surrounding the COVID-19 pandemic remain high on the list of concerns among church leaders. The time was right to bring back Dr. Galiatsatos, a pulmonary and critical care medicine physician and assistant professor at the Johns Hopkins School of Medicine.   In this episode, he and Erika discuss how the...

Host Erika Cole talks with Aquanetta Betts, an attorney and philanthropic advisor for World Vision, about the growing number of ways members and other donors can give, such as cryptocurrency. In fact, members may already be using options like bitcoin and would donate it to your church if they knew your church could accept it.  Learn more about these increasingly popular charitable donation options and how your church can best equip itself to add them.  Show Notes: IRS Resources | IRS...

The church most likely to experience fraud is the one that thinks it can’t happen to us according to a new nationwide survey of more than 700 church leaders conducted by Church Law & Tax. The survey shows nearly one-third of respondents serve in congregations that have experienced some form of financial misconduct. The survey also shows that fraud happens in churches of all sizes, in all geographic areas, and churches with budgets both large and small.  The failure to prevent or quickly...

According to research, two-thirds of churches do not have a written succession plan. The absence of a strategic succession plan can unravel what has taken years to build—and wreak havoc on those left to pick up the pieces. In this episode, attorney Erika Cole talks with Bishop Ralph Dennis, of Kingdom Fellowship Covenant Ministries, about the successful model his church used to pass the baton from one leader to the next. Plus, Erika reviews resources to help churches consider the legal,...

Barna and Pepperdine University conducted a major study into how today’s faith leaders are navigating life and leadership in this age of complexity. What they found is startling: one in three pastors are at risk of burnout. And as the world struggles to move past the pandemic, these numbers are only increasing. In this episode, Mindy Caliguire—the president and chief executive of Soul Care—talks with attorney Erika Cole about the causes of pastoral burnout, the spiritual and legal...

Description: Year-end is a unique time because church leaders are working to complete major tasks for the current year, such as year-end giving, while positioning the church well for the next one, such as setting housing allowances for eligible ministers. In this episode, attorney Erika Cole discusses numerous end-of-the-year legal and tax compliance matters with attorney and CPA Richard R. Hammar. Erika and Rich review several deadline-related tasks, plus other critical must-do items that...

In this episode, Erika interviews attorney Sarah Merkle, one of only five lawyers in the world to have earned the credentials of Certified Professional Parliamentarian-Teacher and Professional Registered Parliamentarian. Together they discuss why tense moments can arise during church meetings—especially ones that include a vote on important issues. In addition, they review the importance of up-to-date bylaws and other important church documents. In addition to her certification, Sarah is the...

The truth is, no one knows exactly what the post-pandemic church will look like, but what we know for sure is that it will be different. In this episode, I lay out for you several issues that church leaders around the nation have asked for help regarding (issues surrounding employees, church property, and hybrid operations, just to name a few!) These are challenging times, but there are also reasons for hope! Send any questions you have for Erika to [email protected] The Church...

In this episode, I talk with Dr. Panagis Galiatsatos, a pulmonary and critical care medicine physician and Assistant Professor, Division of Pulmonary & Critical Care Medicine at the Johns Hopkins School of Medicine. We also respond to some FAQs regarding mandatory vaccinations and what church leaders need to be thinking about during this time. Show Notes: Dr. Galiatsatos's Book: Building Healthy Communities through Medical-Religious...

We’re going to go a bit deeper to share the who, what, when, where, and why church law issues matter, especially now. This information is relevant for churches of all sizes and whether your church is a part of a denomination or association of churches, or an independent congregation. Show Notes: Tax Guide for Churches & Religious Organizations https://www.irs.gov/pub/irs-pdf/p1828.pdf The Church Compliance Conference 2021 registration...

Pastors and church leaders in America face numerous challenges that are increasing in size, scope, and impact. Whether we're talking issues of cultural forces and their effects on churches or need-to-know information about the everyday operation of a church, the legal issues affecting churches aren't going away. Now more than ever, church leaders need sound guidance to navigate anything from employment law to governance to risk management—and more. Listen to the Church Law podcast to gain...