Church Law

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 free webinar with attorney Erika Cole ·     Church Bylaws—a free download from attorney Erika Cole ·     “When Is It Wise to Pay for Legal Counsel?” by attorney Matthew Branaugh ·     “How to Hire an Attorney for Your Church” by attorney Richard R. Hammar ·     “Immigration of Alien Ministers, Religious Vocations, and Religious Occupations” by attorneys Richard R. Hammar, Lina Yen Hughes, and Gerald Cipolla ·     “Keeping Children Safe in Your Church,” Episode 15 of the Church Law podcast ·     “Protect the Children in Your Church's Small Groups” by attorney H. Robert Showers ·     Reducing the Risk: A Child Sexual Abuse Awareness Program ·     “Immunity Statutes” by attorney Richard R. Hammar ·     “Q&A: Reducing Legal Liability for Church Board Members” by attorney David Middlebrook ·     “Cash, Check, Cryptocurrency, and More—Why Churches Need More Giving Options,” Episode 10 of the Church Law podcast ·     “Seven Points to Consider Before Selecting a Mobile Giving App” by attorney Matthew Branaugh ·     “What's the Best Giving App for Your Church?” by attorney Matthew Branaugh ·     Church Compensation, Second Edition by CPA Elaine Sommerville ·     ChurchSalary.com      Questions? We welcome them! Please email Erika Cole at contact@takethenextcall.com. Erika reads each comment and may answer your question in an upcoming episode. See all episodes of Church Law. The Church Law podcast is part of Christianity Today's ChurchLawAndTax.com, a not-for-profit publishing ministry. Erika E. Cole, Esq., known as The Church Attorney®, is one of only a handful of attorneys in the nation who practices exclusively in the area of church law. She currently serves as a senior editorial advisor for Christianity Today's ChurchLawAndTax.com. Learn more about your ad choices. Visit podcastchoices.com/adchoices

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: ·        Recommended Reading: Protecting Children and Youth ·        50-State Child Abuse Reporting Laws Survey for Clergy and Church Leaders ·        Attorney Richard Hammar's Legal Developments on this issue. ·        Church Board Guide to a Child Sexual Abuse Prevention Policy ·        Reducing the Risk child sexual awareness program   Questions? We welcome them! Please email Erika Cole at contact@takethenextcall.com. Erika reads each comment and may answer your question in an upcoming episode. See all episodes of Church Law. The Church Law podcast is part of Christianity Today's ChurchLawAndTax.com, a not-for-profit publishing ministry. Erika E. Cole, Esq., known as The Church Attorney®, is one of only a handful of attorneys in the nation who practices exclusively in the area of church law. She currently serves as a senior editorial advisor for Christianity Today's ChurchLawAndTax.com. Learn more about your ad choices. Visit podcastchoices.com/adchoices

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 of its lead pastor, Mark Driscoll, the church experienced a dramatic collapse in 2014. In this episode of the Church Law podcast, Erika talks with Mike Cosper, creator and host of The Rise and Fall of Mars Hill, about the trouble that can arise when a change in church governance limits who can participate in the decision-making process. Show notes: ·        The Rise and Fall of Mars Hill podcast ·        Erika Cole's article, “The Dangers of a Quiet Governance Change” ·        Church Governance: What Leaders Must Know to Conduct Legally Sound Church Business   Questions? We welcome them! Please email Erika Cole at contact@takethenextcall.com. Erika reads each comment and may answer your question in an upcoming episode. See all episodes of Church Law. The Church Law podcast is part of Christianity Today's ChurchLawAndTax.com, a not-for-profit publishing ministry. Erika E. Cole, Esq., known as The Church Attorney®, is one of only a handful of attorneys in the nation who practices exclusively in the area of church law. She currently serves as a senior editorial advisor for Christianity Today's ChurchLawAndTax.com.   Learn more about your ad choices. Visit podcastchoices.com/adchoices

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 network. ·        A downloadable checklist from Church Law & Tax, “Are We Using Social Media Safely?” ·        “How Your Church Can Avoid Social Media Conflict,” by attorney Gisele Kalonzo-Douglas, a Church Law & Tax senior editorial advisor. Questions? We welcome them! Please email Erika Cole at contact@takethenextcall.com. Erika reads each comment and may answer your question in an upcoming episode. See all episodes of Church Law. The Church Law podcast is part of Christianity Today's ChurchLawAndTax.com, a not-for-profit publishing ministry. Erika E. Cole, Esq., known as The Church Attorney®, is one of only a handful of attorneys in the nation who practices exclusively in the area of church law. She currently serves as a senior editorial advisor for Christianity Today's ChurchLawAndTax.com.   Headshot of Erika by Eagle Lens Media | Podcast Editing by Brian A. Brown Learn more about your ad choices. Visit podcastchoices.com/adchoices

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 church needs to be prepared for HR matters.   In this episode, Erika is joined by Tiffany Releford, a partner at Whiteford, Taylor & Preston, who focuses her practice on labor and employment law representing large and small organizations, including nonprofits.     Show Notes  “Four Key Employee Issues Unique to Churches—and How to Navigate Them,” by attorney Frank Sommerville   “Church Employment Issues that Lead to Litigation,” by attorney and senior editor Richard R. Hammar   ChurchLawAndTax.com's Legal Library section on Employment (also found in Chapter 8 of attorney and senior editor Richard R. Hammar's Pastor, Church & Law, Fifth Edition)   Tiffany Releford   Subscribe to Church Law podcast to get each new episode and join us on this journey!   Questions? We welcome them! Please email Erika Cole at contact@takethenextcall.com   See all episodes of Church Law.   The Church Law podcast is part of Christianity Today's ChurchLawAndTax.com, a not-for-profit publishing ministry.   Erika E. Cole, Esq., known as The Church Attorney®, is one of only a handful of attorneys in the nation who practices exclusively in the area of church law. She currently serves as a senior editorial advisor for Christianity Today's ChurchLawAndTax.com.   Headshot of Erika by Eagle Lens Media | Podcast Editing by Brian A. Brown           Learn more about your ad choices. Visit podcastchoices.com/adchoices

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 take a leadership role in spreading information about vaccines and other pandemic precautions and protocols. Plus, Erika shares insights on the recent US Supreme Court decision regarding the legality of federally mandated vaccinations.   Show Notes:   Building Healthy Communities through Medical-Religious Partnerships 3rd Edition   Nat'l Fed'n of Indep. Bus. v. Dep't of Labor, Occupational Safety and Health Admin. (US Supreme Court's 2022 opinion)   Navigating Vaccine and Mask Mandates   Questions? We welcome them! Please email Erika Cole at contact@takethenextcall.com   See all episodes of Church Law.   The Church Law podcast is part of Christianity Today's ChurchLawAndTax.com, a not-for-profit publishing ministry.   Erika E. Cole, Esq., known as The Church Attorney®, is one of only a handful of attorneys in the nation who practices exclusively in the area of church law. She currently serves as a senior editorial advisor for Christianity Today's ChurchLawAndTax.com.   Headshot of Erika by Eagle Lens Media | Podcast Editing by Brian A. Brown Learn more about your ad choices. Visit podcastchoices.com/adchoices

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 1771 Charitable Contributions and IRS information on Non-cash donations   Articles | Determining Financial Policies for Your Church, Tax Rules for Gifts of Personal Property, Gifts of Property: Help Donors Get It Right and Are You Prepared to Accept Bitcoin Donations? Book | 2022 Church & Clergy Tax Guide (specifically chapter 8)  Websites | The Giving Block and Engiven Learn more about Erika's  6-week course to help burnout pastors gain the support and confidence to move forward in a way that maintains their Christian values. Questions? We welcome them! Please email Erika Cole at contact@takethenextcall.com See all episodes of Church Law. The Church Law podcast is part of Christianity Today's ChurchLawAndTax.com, a not-for-profit publishing ministry. Erika E. Cole, Esq., known as The Church Attorney®, is one of only a handful of attorneys in the nation who practices exclusively in the area of church law. She currently serves as a senior editorial advisor for Christianity Today's ChurchLawAndTax.com. Headshot of Erika by Eagle Lens Media | Podcast Editing by Brian A. Brown Learn more about your ad choices. Visit podcastchoices.com/adchoices

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 detect financial misconduct exacts heavy tolls on congregations. The Center for the Study of Global Christianity's 2019 study estimates church fraud globally will grow 6 percent annually and total $80 billion by 2025.* Learn more about this problem—and how church leaders can take action to prevent it. Show Notes:  ·        Article | How Well Does Your Church Prevent Financial Misconduct? ·        On-Demand Webinar | Fraud in the Church: What We Learned from 700 Church Leaders  ·        Sign up for the Church Law & Tax e-newsletter to receive updates about the forthcoming fraud prevention online training featuring Vonna Laue. ·         Learn more about Erika's 6-week LIVE course where she helps burnout pastors take the next step toward a life of more joy and contentment. Questions? We welcome them! Please email Erika Cole at contact@takethenextcall.com See all episodes of Church Law. The Church Law podcast is part of Christianity Today's ChurchLawAndTax.com, a not-for-profit publishing ministry. Erika E. Cole, Esq., known as The Church Attorney®, is one of only a handful of attorneys in the nation who practices exclusively in the area of church law. She currently serves as a senior editorial advisor for Christianity Today's ChurchLawAndTax.com. Headshot of Erika by Eagle Lens Media | Podcast Editing by Brian A. Brown*Since the recording of this episode, Gordon-Conwell Theological Seminary's Center for the Study of Global Christianity released its  2022 study. The center now estimates church fraud globally will total $70 billion a year by 2025. Learn more about your ad choices. Visit podcastchoices.com/adchoices

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, financial, and corporate strategies needed to develop a succession plan. It's easier than you may think—and can make a profound difference in the life and vitality of your ministry. Show Notes: Succession Plans: Why Your Church Needs One Take The Next Call Previous Episode with Mindy Caliguire on Pastoral Burnout Questions? We welcome them! Please email Erika Cole at contact@takethenextcall.com See all episodes of Church Law. The Church Law podcast is part of Christianity Today's ChurchLawAndTax.com, a not-for-profit publishing ministry. Erika E. Cole, Esq., known as The Church Attorney®, is one of only a handful of attorneys in the nation who practices exclusively in the area of church law. She currently serves as a senior editorial advisor for Christianity Today's ChurchLawAndTax.com. Headshot of Erika by Eagle Lens Media | Podcast Editing by Brian A. Brown Learn more about your ad choices. Visit podcastchoices.com/adchoices

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 that arise when a burnout leads to an unexpected resignation or moral failing, and solutions that can help churches, their ministers, and their congregations avoid unnecessary liabilities and ministerial challenges.  Show Notes: Mindy Caliguire https://www.soulcare.com/   Church Succession Articles featured on ChurchLawAndTax.com Succession Plans: Why Your Church Needs One Creating a Successful Succession Plan Church Mergers: When, Why, and How Questions? We welcome them! Please email Erika Cole at contact@takethenextcall.com or visit TakeTheNextCall.com. The Church Law podcast is part of Christianity Today's ChurchLawAndTax.com, a not-for-profit publishing ministry. Erika E. Cole, Esq., known as The Church Attorney®, is one of only a handful of attorneys in the nation who practices exclusively in the area of church law. She currently serves as a senior editorial advisor for Christianity Today's ChurchLawAndTax.com. Headshot of Erika by Eagle Lens Media | Podcast Editing by Brian A. Brown Learn more about your ad choices. Visit podcastchoices.com/adchoices

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 typically require attention before December 31. Learn what should be handled well to make certain no requirements are missed and no opportunities are lost. Show Notes: Articles on ChurchLawAndTax.com ·        Mastering Seventeen End-of-Year Tasks ·        Designating a Housing Allowance for 2022 ChurchLawAndTaxStore.com ·        2022 Church & Clergy Tax Guide by Richard R. Hammar ·        Charitable Contributions Tax Reminder 2021 IRS Resources ·        IRS Publication 1828 Tax Guide for Churches and Religious Organizations ·        IRS Publication 526 Charitable Contributions ·        IRS Publication 1771 Charitable Contributions--Substantiation and Disclosure Requirements Questions? We welcome them! Please email Erika Cole at contact@takethenextcall.com See all episodes of Church Law. The Church Law podcast is part of Christianity Today's ChurchLawAndTax.com, a not-for-profit publishing ministry. Erika E. Cole, Esq., known as The Church Attorney®, is one of only a handful of attorneys in the nation who practices exclusively in the area of church law. She currently serves as a senior editorial advisor for Christianity Today's ChurchLawAndTax.com. Headshot of Erika by Eagle Lens Media | Podcast Editing by Brian A. Brown Learn more about your ad choices. Visit podcastchoices.com/adchoices

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 blog editor and primary contributor for The Law of Order: A Resource on Parliamentary Procedure & the Law. Sarah is also a senior editorial advisor for Christianity Today's Church Law & Tax. Show Notes: Downloadable PDF on church bylaws. Visit Sarah Merkle's blog at Civility.co Questions? We welcome them! Please email Erika Cole at contact@takethenextcall.com The Church Law podcast is part of Christianity Today's ChurchLawAndTax.com, a not-for-profit publishing ministry. Erika E. Cole, Esq., known as The Church Attorney®, is one of only a handful of attorneys in the nation who practices exclusively in the area of church law. She currently serves as a senior editorial advisor for Christianity Today's ChurchLawAndTax.com. Headshot of Erika by Eagle Lens Media | Podcast Editing by Brian A. Brown Learn more about your ad choices. Visit podcastchoices.com/adchoices

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 podcast is part of Christianity Today's Church Law & Tax, a not-for-profit publishing ministry. Learn more at ChurchLawAndTax.com. Headshot of Erika by Eagle Lens Media Podcast Editing by Brian A. Brown Learn more about your ad choices. Visit podcastchoices.com/adchoices

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=christtoday-20&linkCode=ogi&th=1&psc=1 Send any questions you have for Erika to contact@takethenextcall.com The Church Law podcast is part of Christianity Today's Church Law & Tax, a not-for-profit publishing ministry. Learn more at ChurchLawAndTax.com. Headshot of Erika by Eagle Lens Media Podcast Editing by Brian A. Brown Learn more about your ad choices. Visit podcastchoices.com/adchoices Learn more about your ad choices. Visit podcastchoices.com/adchoices

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-life insights from a real lawyer who works every day with churches. You'll gain an understanding of key issues, plus practical ways to lead your church and help it avoid common pitfalls—all from The Church Attorney® herself, along with occasional visits with recognized experts in church legal matters! Learn more about your ad choices. Visit podcastchoices.com/adchoices

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-compliance-conference Top 5 Reasons Churches End Up in Court https://www.churchlawandtax.com/web/2020/december/top-5-reasons-churches-end-up-in-court.html Send any questions you have for Erika to contact@takethenextcall.com Headshot of Erika by Eagle Lens Media Podcast Editing by Brian A. Brown Learn more about your ad choices. Visit podcastchoices.com/adchoices  Learn more about your ad choices. Visit podcastchoices.com/adchoices