…But Sometimes the Lawyers Get it Right

7 12 2010

Tuesday Re-mix –

“I am sending you out like sheep among wolves.  Therefore be as shrewd as snakes and as innocent as doves.” Matthew 10:16

Once again, the mediator in me comes out.  I ranted against bad lawyer decisions in a previous post and the negative effect they can have on a church’s (or Christian institution’s) testimony.  Now, feeling guilty for the slur against my brethren (and sistren) in the law, I want to say something good about church lawyers: sometimes they/we get it right.

So, here’s a big fist bump to all the lawyers out there who have given solid Christian counsel to a church or other Christian organization, to help them show Godly wisdom in a legally-complicated world.  Join me in a round of applause for each of the following good and wise legal recommendations lawyers smarter than I have given their Christian institutional clients (and you might want to pass this post along to your pastor or church administrator,  just to make sure your church is doing these things):

FBI Background checks for all workers (both payed and volunteer) who have any interface at all with children or youth. I know, I know, it is a pretty big deal to implement this for the first time, especially with your long-tenured workers and volunteers.  But nothing says “We love you and care about your children” more clearly to parents than a comprehensive background-check policy for their children’s workers, teachers and care-givers.  There are plenty of services all around your community now who can coordinate this for you.

applause1

A comprehensive child safety awareness policy. I am lumping a lot of little things together here, like windows in all the doors, a policy of at least two workers in every room, a comprehensive and coherent fire escape plan, an up-to-date security system for dropping off and picking up children, etc.  No ministry in church life has changed as much and as rapidly as children’s ministries over the last few years.  Make sure your church is current.  Hire a consultant if you have to.  It is the loving thing to do.

applause1

Commercial Driver’s License certification for anyone transporting people in vehicles on behalf of the church. Again, a real pain in the neck to implement when you begin thinking about all the people in your church who do this voluntarily (deacons driving widows or elderly to church, youth trips, taking people for their chemo treatment, etc.), but it is just a good policy.  The extra safety training these drivers receive is a great way to communicate to your membership that you care about them.  Besides, your insurance company will love you for it as well.

applause1

Get liability insurance. What, are you kidding me?  Tell me I don’t have to explain this one.  After enjoying many decades of protection by a society who considered it morally reprehensible to ever sue a church, churches can kiss those days goodbye.  In the first place, the church has behaved particularly badly in recent decades and probably needs to have been sued more.  In the second place, good litigators all over the world have learned that there is a lot of money in the church in general, and they are specifically targeting churches now more than ever.  Put it in the budget, spend the money on premiums, get insured.  And make sure your coverage includes sexual harassment coverage (see the next point).

applause1

A sexual harassment policy.  This seems to be the area of greatest exposure to churches today, for a multitude of reasons we won’t try to explore for now.  Suffice it to say, there is probably some amount of inappropriate sexual overtones already going on under your church’s ministry umbrella…an off-color joke told by a parent on a youth trip, an extra-long hug from a well-intentioned minister, an “over-the-line” counseling session by a not-so-well-intentioned minister, etc.  You get the picture.  Your church should have a plan already in place for how any complaint (either by an employee or by a church member or even by a visitor) will be handled, investigated and resolved.  Put the plan in place now, because when the first complaint arises, emotions will be running way too high to try to piece-meal it together then.

applause1

Have a CPA do some level of audit at least every other year or so. I really hate finances and all the issues and questions that come up, especially in the midst of conflict when trust levels go through the floor.  Audits are expensive, but they will uncover a whole host of little mole hills that will become mountains just a soon as there is any level of conflict at all.  And there will be some level of conflict at some time.  That is a given, if there are people in your church.  I’m just saying…

applause1

O.K., this post has already gotten too long.  I really could go on and on with examples of ways lawyers (especially Christian lawyers) have gotten it right.  But you get the picture.  As Christians we are called to be Godly influences in this broken world, little pictures of Christ.  But there is nothing about that calling which says we are to be mindless doormats.  Being “shrewd as snakes and as innocent as doves” is a high calling, don’t you think?

© Blake Coffee

Permissions: You are permitted and encouraged to reproduce and distribute this material in any format provided that you do not alter the wording in any way and do not charge a fee beyond the cost of reproduction. For web posting, a link to this document on this website is preferred. Any exceptions to the above must be approved by Blake Coffee.Please include the following statement on any distributed copy: © Blake Coffee. Website: churchwhisperer.com




Churches: Don’t Let Your Lawyers Write Your Testimony

30 11 2010

Tuesday Re-mix –

One of my kids attended a week-long camp last summer which happens to have been held on the campus of a prominent Baptist university.  The university doesn’t sponsor the camp.  They just contract with the sponsoring organization which actually operates the camp.  The university’s only part in the endeavor is to provide the facilities.  So, as I was filling out the paperwork for the camp,  there was a release which the university required to be signed by every participant.  No surprise there.  As an attorney who  makes a living representing corporations, churches and other organizations, I would recommend some type of release be obtained.  But here is some of the pertinent language in the release:

“I release [prominent Christian university]…from all claims…caused by the negligence of [prominent Christian university] [or] its regents, officers or employees…”

This is what we lawyers call an “express negligence” clause in the contract.  It is designed to escape liability even for your own negligent acts.  Allow me to translate this for you.  This says that, if a university employee assaults my daughter while that employee is on the job for the university, neither the university nor the employee will be responsible for it.  If the university’s administration is all aware of a building about to fall down on their campus and chooses to do nothing about it and it falls on my daughter, the university will not be responsible for it.  If the President of the university himself were to carelessly run over my daughter while driving across campus, neither the university nor their president will be responsible for it.  In other words, this university says, “You can send your kids to camp here if you want to, but don’t expect us to act like a responsible Christian institution.”

Couple of questions: (1) Why would I, as a parent, ever knowingly agree to this?  (2) Why would this prominent Christian university even ask me to agree to this?  This illustration raises some important questions about your church and how it addresses these kinds of legal issues.  We all, as churches and Christian organizations, have to ask ourselves what is more important, our legal liabilities or our Christian witness.

Let me just say here that I do understand where this comes from.  This institution’s lawyers have recommended this to it, because the law permits it.  That is what we lawyers do.  We advise our clients about the full protection afforded by the law.  But for a Christian institution (or a Christian individual, for that matter), is that where the analysis ends?  Do we take advantage of the full extent of the law, no matter what testimony that gives to our community?

In matters of the law, this issue comes up all the time for churches.  Once a church forms (really, no matter what organizational entity they choose…corporation, association, etc.) it has legal considerations.  It must begin making decisions about how it will interface with its community and with the secular world around it.  These decisions cover everything from how it will relate to governmental entities (like the IRS or the local taxing authorities) to how it handles communications on its website to how it relates to parents of children in its camps.  Every communication a church has with any individual or organization is a part of its testimony…every tax document, every contract, every lease agreement, every legal document of every kind.  It is a “Public Relations” issue, if you will.

I believe it is important for your church to have legal counsel in all of these matters.  When your church considers allowing outside groups to use its facilities, you should have legal counsel advise you in terms of the liabilities at issue.  But you should also consider your Christian witness to those with whom you are contracting.  A church (or a Christian organization, or a Christian individual) should consider how much of their “testimony” it/he/she will allow the lawyers to write for them.

As a Christian lawyer, I feel obligated to present my Christian client not only in a way to preserve his/her rights but also in a way consistent with Christian ethics.  There are often positions a Christian (or a church) could take legally, but which I counsel them not to take, due to considerations of their testimony.  And as a church leader, I encourage my own church to consider likewise.  I hope you will too.

As for my daughter…I sent her to this Christian camp  on this Christian campus at my own risk, with little expectation that her Christian host would actually act…um, Christian.  But I also wrote them a nice note about it on the back of their release form.  :)

© Blake Coffee

Permissions: You are permitted and encouraged to reproduce and distribute this material in any format provided that you do not alter the wording in any way and do not charge a fee beyond the cost of reproduction. For web posting, a link to this document on this website is preferred. Any exceptions to the above must be approved by Blake Coffee.

Please include the following statement on any distributed copy: © Blake Coffee. Website: churchwhisperer.com





We Don’t Believe in Prayer

25 05 2010

Tuesday Re-mix – This is a popular post from last year, updated and resubmitted for your consideration and comments.

“Some claim that it was on June 17, 1963, that the end began. That was the day prayer was removed from public schools. Christians argued about this date as if everything was fine on Tuesday and then fell apart on Wednesday. I am certainly not saying that this was not a sad day for followers of Christ; but this assessment is not only naive, it is indicative of our disconnection to the real crisis. The crisis did not begin when prayer was removed from public schools but when we stopped praying. Erwin McManus, An Unstoppable Force

Amen, Erwin!

Some years ago, the United State Supreme Court was considering a school prayer case arising out of my home state of Texas. It involved a prayer given over the intercom at a football game one Friday night. I happened to be consulting with a church which had become very politically active in the media “campaign” to keep our “rights” to pray over the intercom at football games. This was a church where a few hundred people would attend worship services on Sunday morning. I went to their regularly scheduled Wednesday night prayer meeting one week, expecting to get a taste of their fervor for prayer. I was surprised to find only a couple dozen people there…a crowd I was assured was pretty standard for their weekly prayer meeting.

What is wrong with that picture?

prayerHere is the truth. Here in America, the church has demonstrated a great deal more passion about its rights to pray at football games and schools than its belief in the power of prayer in the first place. Let’s face it, if we the church really believed in God’s promises to a people who humble themselves and pray, our prayer meetings would be filled to overflowing each week. If we thought we could actually bring about change in the world by gathering and crying out to God together, we would all be at prayer meetings late into the evening praying for a cure for cancer, or peace in Gaza, or food in Zimbabwe. But we’re not. Instead, we are working late or taking kids to soccer games or watching American Idol or doing just about anything else. C’mon everybody, who are we really fooling, pretending to be outraged about not getting to pray at football games?

You know what I wonder? I wonder how, from God’s perspective, the collective prayers of the American church compare to the collective prayers of the underground church in China? I wonder whether the burning in our hearts pales in comparison to the fervor with which they pray? I wonder if our political energy spent trying to make our prayer lives more convenient is as well received by God as the tears of oppressed Christians in China praying for the release of their brothers and sisters in prison because of their beliefs?

Here’s the deal. If the church is to ever regain some sense of focus, some understanding of where God is working and what He is up to in our communities, if a local body of believers really desires to know its next right step in terms of ministry or its way forward through conflict, then we must search within us and find that brokenness which drives us to our knees together. Jesus had extraordinary focus because He had an extraordinary prayer life. The church can have an extraordinary focus when it has an extraordinary prayer life as well.

“…if my people, who are called by my name, will humble themselves and pray and seek my face and turn from their wicked ways, then will I hear from heaven and will forgive their sin and will heal their land.” II Chron. 7:14

The more time I spend walking among our churches, the more convinced I become of this promise.

© Blake Coffee

Permissions: You are permitted and encouraged to reproduce and distribute this material in any format provided that you do not alter the wording in any way and do not charge a fee beyond the cost of reproduction. For web posting, a link to this document on this website is preferred. Any exceptions to the above must be approved by Blake Coffee.

Please include the following statement on any distributed copy: © Blake Coffee. Website: churchwhisperer.com








Follow

Get every new post delivered to your Inbox.

Join 1,159 other followers