Churches Can Be Appealing Target for Lawyers

By Nicole Kalil
Florida Baptist Witness
September 29, 2014

http://www.gofbw.com/news.asp?ID=16357

—In an increasingly litigious society, even the church is not safe.

Churches are attractive targets, as people think they have a better opportunity for financial gain by suing an organization rather than an individual.

“A generation ago, suing the church was unheard of,” said Gary Yeldell, attorney, mediator and founder of Wise Counsel Legal Services in Keystone Heights. “Today, there’s a cottage industry of plaintiff lawyers that target churches.”

Churches by their very nature have multiple vulnerabilities. From youth activities, nurseries, preschools and various other ministries to the community such as food pantries and transportation, there are innumerable opportunities for someone to take advantage of the church.

Yeldell said it’s just as common for members to sue as it is for nonmembers.

Susan Ojeda in Lakeland is a lawyer with the Christian Law Association. CLA has been helping Bible-believing churches with free legal assistance since 1969. According to its website, the association receives more than 100,000 legal inquiries by phone every year.

“CLA wants to help the churches be able to do ministry,” Ojeda said.

Understanding your areas of vulnerability and your responsibilities can help a church assess and minimize risk.

Seth Kraus, also with the Christian Law Association, said that there are three important areas for a church to be aware of in order to avoid being accused of negligence.

One area is church hiring and placement. This covers church employees as well as volunteers.

Kraus said it is important for churches to do due diligence on all volunteers and workers because of the inherent trust placed in the church. If a church doesn’t run a background check or do enough to check into a potential employee or volunteer, the church can be held responsible if something goes wrong.

“Even if you do all the right things, an abuse could occur. But doing the background check can protect the children, as well as the church,” Kraus said.

Another way in which churches can be held liable is through negligent supervision. This is especially important when it comes to events, activities and ministries involving youth and children, although Yeldell adds that the elderly are equally at risk in this area, with elderly abuse and child abuse statutes being comparable.

Kraus advises churches to pay attention to volunteer and employee training and oversight and to have clear policies in place that govern how staff and volunteers should behave.

In addition to employee and volunteer training, a comprehensive and clear handbook can help protect a church when difficulties arise.

“Have the rules in your policy manual and apply them equally,” Kraus said.

A third area concerns how a church handles an allegation of negligence once it is alleged.

“Waiting can make situations more difficult,” Yeldell said.

As with any property owner, churches can be held liable if someone is injured on their property. Also, the church, as an employer, is subject to various employment laws concerning discrimination or wage or termination issues. Tax exemption can be another area where churches endure increased scrutiny, as the government is trying to make sure churches are not taking advantage of their tax-exempt status.

Church leaders should recognize that some people will try to take advantage of what they perceive as a lucrative situation.

“Many lawsuits are brought against the church that do not have merit,” Ojeda said.

However, there are steps a church can take to minimize the risk of being sued.

Many churches have insurance policies that can help protect them in various ways.

“Church leaders need to read and understand what’s in their insurance policy because some policies don’t cover sexual abuse or child abuse, for example,” Ojeda said.

Kraus added: “Some churches don’t want to turn in a claim to their insurance company so their rates don’t go up.”

“Ministry involves risk,” Yeldell said. When it comes to ministry, he said the church has “to analyze the risk vs. the benefit. That’s just part of being a good steward. Understand the risks and take steps to minimize them if possible.

“It’s always better to be proactive than reactive.”

Everyone agreed that the worst thing a church can do is not ask for help.

“It’s scary to call a lawyer and admit there’s an issue, but it’s easier and cheaper to do it on the front end than on the back end,” Yeldell said.