Nonprofit and Faith Based Programs

Our firms represents nonprofits and faith based programs with their unique legal requirements. Our combined experience in advising numerous clients led to the development of this niche clientele. To meet the legal needs of these specialized clients, the firm began providing several specific legal services.

Legal Services Available:

Phone and Email Consultation

Frequently, nonprofits and faith based programs do not have prompt, available access to legal counsel knowledgeable of the unique issues and problems they face.. Realizing the philosophy and nature of faith based programs, the Nonprofit and Faith Based Section of the firm developed a program designed to keep legal costs reasonable and at the same time provide general legal advice or direction to churches, early education programs, schools and other non profit organizations. Each year John L Cooley and John Mark Cooley receive hundreds of calls or emails. They are familiar with the organizational, employment and other significant legal issues confronting these entities.

First Amendment/Constitutional Law

Faith based programs have unique constitutional claims available to them. Clients with first amendment claims and defenses need counsel experienced in the history, philosophy and application of constitutional law to their specific circumstances. John L Cooley and John Mark Cooley have successfully raised Constitutional/First Amendment issues on behalf of faith based programs, involving general employment, discrimination and sexual abuse allegations.

Employment Law Audit

One of the most significant areas of potential liability faced by non-profits and faith based programs involves employment related actions and claims of breach of contract, discrimination or wrongful discharge. The Employment Law Audit focuses on general common law issues and federal anti-discrimination statutes. Clients utilize a questionnaire prepared by WootenHart, consisting of over one hundred specific questions with subparts. The client fills in the questionnaire, forwards significant employment related documents, such as handbooks, policies and contracts, to the Nonprofit and Faith Based section. These are examined, analyzed and a detailed consultation follows. WootenHart then generates a report with specific recommendations.

Conflict Resolution

Mediation and arbitration have increasingly become viable alternatives to litigation. In addition, some schools, churches or other faith based programs could benefit from institutional mediation. WootenHart’s Nonprofit and Faith Based Section has extensive experience in conducting institutional mediations or representing clients involved in mediation or arbitration. Whether representing clients or serving as a mediator or arbitrator, faith based programs will find the years of experience of John L Cooley and John Mark Cooley invaluable.

Organizational Structure and Nonprofit Foundations

Non- profit and faith based programs fund raising, protection of corporate assets and best organizational practices are becoming a complex legal arena. How to structure a supporting organization or foundation are questions the practice area frequently deals with. The firm is knowledge and well prepared to assist in developing organizational documents, filing with the IRS and providing other legal advice to prospective and current clients.

Board Legal In-service

In the complex and ever evolving legal world, boards must be cognizant of the legal pitfalls and problems non profit organizations face. How do board members fulfill their fiduciary duty? What implications are there for non-profits under the charitable trust doctrine. One unwise decision can subject a nonprofit to significant liability. Realizing this and the individual characteristics each non-profit and faith based program represents, the firm specializes in providing legal in-service to boards and administrative staff. Fees are based on a daily rate and tailored to the nature of nonprofits.

Litigation Consultation And Representation

Representing clients in litigation, trying cases to a jury or arguing cases on appeal are unique dramas, requiring understanding of each aspect of the process. WootenHart is a litigation firm. John L Cooley, who is president of the firm, has tried to a conclusion approximately 100 jury trial. He understands what is required to prepare a case for trial, and knows how to effectively present the evidence to a jury, while preserving the record for appeal. John Mark Cooley has tried numerous matters and served as assistant counsel in litigation involving multimillion dollar claims. Whether it involves direct representation or serving as co-counsel or consultant, we understand how to effectively and economically represent the interests of nonprofits and faith based programs. We understand that their distinct nature requires consideration and analysis of any media effect on program and reputation.

Insurance Coverage

WootenHart has served as retained counsel for numerous insurance companies, representing the carrier or the insured. We understand the issues presented with insurance carriers defending under a reservation of rights or advising that there is no coverage available. We are familiar with coverage disputes and frequently advise clients of the legal consequences of these issues.