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Church Law

Church Law and Tax - Part of the gloo network of brandspodcasters.spotify.com
Pastors and church leaders in America face challenges that are increasing in scope and impact. Whether we're talking issues of cultural dynamics and the church or need-to-know information about everyday operations, the legal issues impacting churches aren't going away. Listen to the Church Law podcast to gain real life insights from a real lawyer who does this work everyday. You'll gain key insights to help your church in this critical time, and learn the pitfalls to avoid. All straight from The Church Attorney® along with some special guests!
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Episodes

Building a Healthy Leadership Culture in Your Church, with guest Dr. Nicholas Pearce, pastor, professor, and author

What is a healthy leadership culture? What does it have to do with a church’s legal liabilities? While the two questions may sound unconnected, they aren’t. In this episode, Erika further explores them with Dr. Nicholas Pearce, an associate pastor, author, and professor at Northwestern University who has studied, taught, and consulted with organizations, including churches, about leadership. Along with defining key terms and concepts, Pearce explains the effects of leadership structures and the ...

Apr 24, 202328 min

Building a Culture of Safety and Security in Churches, with guest Simon Osamoh, founder of Kingswood Security Consulting

High-profile shootings at churches—among them, New Life Church (Colorado Springs) in 2007, Emanuel African Methodist Episcopal (Charleston, South Carolina) in 2015, and First Baptist Church (Sutherland Springs, Texas) in 2017—often draw renewed attention and discussion about church security. Last month’s shooting at a church-run school in Nashville again put the issue back in the national spotlight. But what exactly is church security? How should church leaders think holistically about safety an...

Apr 11, 202325 min

Supporting and Strengthening Mental Health in Churches, with Dr. Pernessa C. Seele

A survey last fall by CNN and Kaiser Family Foundation found the majority of American adults believe “there’s a mental health crisis in the US today.” Churches have a great opportunity to connect the redeeming power of the gospel to those suffering mentally and spiritually. In this episode, Erika Cole speaks with Dr. Pernessa C. Seele, who has spent 35 years working to help use a faith-based approach to help heal individuals and communities facing mental health challenges. Dr. Seele helps define...

Mar 28, 202327 min

Helping Pastors Get Financially Healthy, with guest Elaine Sommerville, CPA

A national survey shows 68 percent of Americans worry about their finances. Pastors are among those sharing such sentiments—in 2015, for instance, a National Association of Evangelicals survey of 4,000 pastors showed that many carry heavy loads of student debt and are unable to save for retirement or emergencies. Many worked second jobs. In this episode, Erika more closely examines the challenges of financial stress and strain on pastors, and how it can create unhealthy dynamics ultimately affec...

Feb 21, 202323 min

Healthy Leaders, Healthy Churches, Reduced Legal Liability

Good physical health requires good priorities, be it how we exercise or eat. In the same way, churches experience good health—or not—by decisions made to maintain their health. In this episode, Erika casts vision for several upcoming episodes focused on developing healthy churches by outlining the five components she believes shape a healthy church. Whether dealing with pastoral burnout, budgeting decisions, counseling ministries, or church safety concerns, leaders must make certain they priorit...

Jan 31, 202313 min

Listener Mailbag: Addressing Your Questions on Love Gifts, Political Activities, Copyright, and More

As Church Law podcast’s reach expands, so too are the questions sent by its listeners. In this episode, Erika is joined by Matthew Branaugh, attorney and editor for Church Law & Tax. Together, they tackle several questions church leaders frequently ask, including: · What are the steps to dissolve a church? · What legal liability does a church face if it allows someone who is potentially violent to attend? · What is the best way to honor ministers with monetary gifts? · What are the risks ass...

Jan 03, 202335 min

Stabilizing Your Church’s Finances after COVID-19

The past few years have brought numerous challenges to churches, particularly as the COVID-19 pandemic altered weekly attendance and in-person events. Those alterations affected giving levels, creating stress on some church budgets. And now, even with signs the pandemic is slowing heading into 2023, inflation has jumped, creating only more turbulence. These conditions have left many congregations reassessing their directions and priorities as they look for ways to move forward. In this episode, ...

Dec 13, 202225 min

The Ins and Outs of Church Mergers

Church mergers appeared to reach an all-time high in 2019, but as more congregations struggle to find their way in the latter stages of the COVID-19 pandemic, the trend likely will only grow. Some churches have experienced financial declines. Others face uncertain futures as pastors resign or retire. And still others find themselves with expensive properties to maintain even as attendance dwindles. In this episode, Erika examines three principal ways a merger can be done. Using examples from her...

Nov 22, 202218 min

Can a Church Volunteer Get You Sued?

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 ministry a...

Nov 01, 202217 min

A Closer Look at Church Compliance

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: ErikaCole.com IR...

Oct 11, 202226 min

Pastoral Accountability for Healthy Churches, with guest Michael Martin, Esq., CPA, and president of ECFA

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 President...

Sep 13, 202231 min

Answering Listeners’ Questions About Legal Issues

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 Compliance?”—a f...

May 31, 202236 min

Keeping Children Safe in Your Church, with guest Matthew Branaugh, Esq., of Christianity Today’s Church Law & Tax

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 Notes: · Re...

May 10, 202229 min

The Rise and Fall of Mars Hill and What You Should Consider Before Changing Your Bylaws, with Guest Mike Cosper

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 behaviors...

Apr 19, 202230 min

Social Media, the Church, and the Law, with guest, Heather Thompson Day

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 podcast netwo...

Apr 05, 202224 min

HR Matters for Churches, with guest employment attorney Tiffany Releford, Esq.

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 chur...

Mar 22, 202225 min

Vaccines, Variants, and the Role the Church Plays in Ending the Pandemic

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 church can t...

Mar 08, 202220 min

Cash, Check, Cryptocurrency, and More—Why Churches Need More Giving Options, with guest Aquanetta Betts, Esq., of World Vision

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 Publication 1...

Feb 22, 202225 min

Fraud in Church: It Can Happen to You! With guest Vonna Laue, CPA

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 detec...

Feb 03, 202222 min

Succession Plans: Why Your Church Needs One

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, financia...

Dec 07, 202132 min

Why Preventing Pastoral Burnout Helps Reduce Legal Liability, with Guest Mindy Caliguire

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 implications t...

Nov 22, 202134 min

Timely Guidance To Tackle Those Year-End To-Do’s, with Guest Richard Hammar

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 typic...

Nov 08, 202135 min

Why Church Meetings Go Off the Rails

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 blo...

Oct 28, 202135 min

A Glimpse into the Post-Covid Church

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 contact@takethenextcall.com The Church Law pod...

Oct 21, 202125 min

Legal Issues for Churches in Pandemic Times, Including Vaccination Questions and Other FAQs

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 Partnerships https://www.amazon.com/dp/1421425807?tag=chris...

Oct 07, 202124 min

The Top Legal Issues Confronting Churches

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 link https://www.wtplaw.com/news-events/the-2021-church-c...

Sep 20, 202119 min

Trailer: Introduction to the Church Law Podcast

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 real-l...

Sep 20, 20214 min
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