Protecting Your Ministry from Legal Risks
There is no foolproof strategy for avoiding a lawsuit against your ministry. Churches and their associated ministries are often targeted for various reasons. Some believe churches have "deep pockets" and will settle to avoid costly lawsuits. Others aim to further an anti-biblical agenda, targeting churches that preach the Gospel. Still, others may feel unjustly treated due to employment disagreements or church discipline.
Legal controversies involving churches cover a broad range: child sexual abuse allegations, employment issues, church discipline, injuries/accidents on church property, property disputes, copyright violations, financial scandals, and allegations of discrimination.
A church can dramatically reduce its liability by managing one key concept: expectations. Communicating the requirements for affiliating with the ministry and clarifying what attendees, members, employees, and volunteers should expect will reduce the possibility of angry participants and the likelihood of legal action.
Written agreements, policies, or documents reflecting meeting outcomes or conversations provide protection by documenting mutual expectations. In addition to other provisions within the Legal Health Check-Up, the NCLL has found the following six ministry documents indispensable in reducing liability risk:
- Ministry Bylaws: Every church must have an operational document outlining its purposes, officer elections, meeting schedules, and member admissions. The bylaws should reflect the church's specific needs and practices.
- Meeting Minutes: Accurate records of church board meetings or congregational business meetings are imperative.
- Employment Agreements: Written agreements detailing expectations and job requirements protect both the ministry and the employee.
- Conflict Resolution Agreements & Procedures: A biblically based dispute-resolution policy is essential for staff harmony.
- Permission Slips & Liability Release Forms: These are crucial for higher-risk events or activities, in addition to a general liability policy.
- Counseling Policy and Agreements: Requiring church counselors to follow a written counseling policy provides protection for both counselors and counselees.
Conclusion
While it is impossible to completely eliminate the risk of lawsuits against your ministry, taking proactive steps to manage expectations and implement key documents can significantly reduce this risk. Clear communication and thorough documentation are essential in protecting your church from potential legal controversies.
More Information
For more information, please refer to the Legal Health Check-Up document. This resource provides comprehensive guidelines to help ministries navigate legal risks and ensure compliance.
