How to Get Free Legal Advice for Your Non-Profit Organization

Legal Needs of Non-Profits

Legal issues for non-profit organizations vary according to their size, structure, and mission, but typical legal needs include maintaining tax-exempt status; the operation and governance of the organization; compliance with state and federal employment laws and regulations; review and drafting of policies and procedures and of employment or independent contractor agreements; advice with regard to applicable federal and state fundraising regulations; and consultation on contracts for the purchase of goods and services . As a California tax exempt non-profit organization, you will be subject to compliance with the Attorney General’s non-profit practices guidelines and the California Non-profit Corporation Law (California Corporations Code).

Places to Get Free Legal Advice

There are a variety of sources for free legal advice for non-profit organisations, including pro bono services, legal aid societies, college law clinics, and other nonprofit-support organisations. However, keep in mind that every organisation is different, and that your best bet is generally to find legal help from a source where you fit the criteria for services.
Pro Bono Services
Many legal professionals support the work of non-profit organisations through pro bono services. In fact, ethics can require some attorneys to offer such services. Specific sources of pro bono services can include: Volunteer lawyers may be able to provide legal services ranging from help with incorporation to other contracts. Sometimes a group of law firms that share an interest in this area of need "adopt" an organisation. Other pro bono services may be available from the legal section of large bookstores, where attorneys volunteer their time to assist a limited number of people on a first-come-first-served basis. This service is often provided by retired attorneys, business professionals, and law students. Law school clinics at some universities allow students to participate in real cases, supervised by faculty and staff, and may focus on a specific type of case, such as housing or family law cases.
Legal Aid Societies
Legal aid societies were founded in the 1870s to address the legal needs of immigrants and those who could not afford legal representation. If you can provide proof of low income, legal aid societies may offer pro bono services. Legal aid societies were initially founded to support only indigent clients, but now carry out a broad range of activities in support of other underserved populations as well. The target groups of legal aid societies include the homeless, senior citizens, victims of domestic violence, military personnel, the physically and mentally disabled, small minority or women-owned businesses, and patients.
Nonprofit-Support Organizations
Some organizations primarily support the not-for-profit sector with free legal services. You also may be able to receive legal advice from non-profit organisations that provide business services and advice to small businesses. Check with your local Small Business Administration office.

Online Legal Information Sources

By far the easiest way to access material for free is through the Internet. There are many nonprofit organizations that provide a wealth of resources and information online. A few of the major players are:
IRS Exempt Organizations Website – This is a fantastic resource for all nonprofits to use to learn about how to maintain your tax-exempt status.
Tax Information for Charitable Organizations – This section of the IRS website contains articles and guidance specifically geared toward charitable organizations.
State Fundraising Laws – This helpful online tool provided by the National Association of Attorneys General allows you to click on a state and receive information regarding that state’s fundraising laws.
GuidingStar.org – This is an excellent website that allows potential donors to search organizations by region and type. It also allows tax-exempt organizations to set up a profile and provide important information to donors right on the site.
National Council of Nonprofits – This site provides links to numerous practical legal resources in each of the states as offered by attorneys in private practice, at law schools or in the legal aid or nonprofit bar.
Candid’s Guide to Filing Form 990 – Candid, the organization that received GuideStar, has developed a good, easy to understand guide to filing Form 990. Many nonprofits have great stories to tell, but they have trouble telling them when they file an IRS Form 990. This guide is a great help.
Pro Bono Net – This not-for-profit technology company is doing some great work to make legal information around the country available online to all those who need it.
Once you are familiar with the online tools and resources that are available to you, there are other online tools that nonprofits can use as well. Many law firms are now providing free legal apps that are easily accessible on an iPad or smartphone. For example, Venable has an app for nonprofits that allows you to check your tax status, look at a comprehensive list of step-by-step charitable action items, and access to news articles related to nonprofit organizations.

Using Law School Clinics

Many law schools have programs that allow students to gain hands-on experience through representing clients who qualify for the program. These programs usually fall into one of two broad groups: in-house clinics and outside clinics. In-house clinics, including those offered through law schools, typically work with a very small number of clients inside their offices. They tend to only work with matters for clients with limited means that fall within the scope of the clinic, which can range from consumer protection to small business incorporation. Outside clinics, on the other hand, are set up through partnerships between law schools and large organizations as a way to expand the clinics reach into the community by allowing the students to work with clients in the field. The students in these clinics typically work in teams, under supervision of a faculty member/counselor, and consult with the organization providing oversight to complete the work. Some organizations with which schools commonly partner are the American Civil Liberties Union, the Human Rights Campaign, and the National Association for the Advancement of Colored People.
Many of these types of programs have strict admissions criteria, including income thresholds and issues to be covered, so it’s best to contact the clinic directly for information about client eligibility before requesting services. Generally, clients that are accepted will not be charged anything for services but may be asked to pay a fee based on a sliding scale, however, any fees can usually be waived if the client cannot afford them. Law school websites or the planning committee for the clinic should provide instructions for requesting services, which can be through a short questionnaire, an online application, or a visit to the office, and it is advisable to make a request by phone beforehand. An excellent place to start when looking for a clinic to match your needs is in the ABA’s list of current law school clinics. Many law schools host student organizations, which are student-run groups that allow students to engage in policy issues at the local, state, or national level. At times, these organizations may hold events or activities that are helpful to 501(c)(3)s, or other non-profits, such as seminars, policy discussions, or fundraising drives. These types of opportunities are open to all members of the public, and are typically advertised on the calendar of events for the school, or the student organizations’ websites. Often, these events are free to attend.

Volunteer Attorneys

Law firms, especially the larger ones, also have volunteer programs. These lawyers and the non-profit organizations themselves are communicating and collaborating in ways that are proving mutually beneficial.
Volunteer lawyers can be an extremely valuable resource for a non-profit organization. They may be called upon to provide legal advice with respect to many matters that a non-profit may confront . Some of the ways a volunteer lawyer may assist include: Volunteer lawyers may choose to become knowledgeable concerning a particular legal area, such as a particular type of compliance issue, and provide their services on a broad base to various non-profits that are faced with similar issues. By having a regular source of volunteers, a non-profit may also be able to handle the initial legal process itself internally at a far reduced cost. There are a number of ways for a non-profit organization to locate and connect with a volunteer lawyer. These include:

Preparing for a Meeting with a Lawyer

To take full advantage of the free consultation, non-profits should be sure to gather and prepare appropriate documents and information for their attorney. The documents you should bring include, but are not limited to: You should also outline your issues so that you can give your attorney background information about the organization, the issue that you are facing, and the resolution you are requesting. We strongly recommend that you outline these issues in writing so that you do not forget the most important items during the meeting. If your legal matter involves litigation or an adversarial proceeding, you should also prepare questions for your attorney so you know what to expect during litigation.

Staying Legal

As an ongoing best practice, have a check-up with legal counsel from time-to-time to ensure you are keeping good on your commitments. Make sure to avow to your board at least annually that you are complying with your obligations and laws, even if you are not required to have an attorney speak at every meeting . This will be a good time to schedule board member training, if you have not already done so. Stay current on recent non-profit regulations with newsletters, articles, blogs, webinars, and other communications.