The church is a unique institution which is protected by the First Amendment to the United State Constitution. The governance of local church bodies or larger church organizations is complex. Its organization and structure may be hierarchical , congregational or independent. It may be incorporated independent of the hierarchical organization to which it belongs or within that organization. It may be incorporated as a non profit or a religious corporation in the State of New Jersey. The church may be merging with another church or even acquiring another church or its property. The church may have it’s own constitution and bylaws even if part of a hierarchical denomination. The church bylaws may include policies and procedures of the church but it may not. It may obtain 501C3 status with the IRS. The operations of the church, which often includes the employment of clergy, counselors, teachers and staff may include restrictions of belief and conduct which in any other organization would be discriminatory.

The church today has exposure to serious liabilities notwithstanding its services to congregants and society are for the well being of all. Those liabilities arise when the trust imposed in its leaders is betrayed and others are injured. This includes sexual molestaton, abuse, theft of funds, beach of trust or fiduciary duty, clergy malpractice, breach of confidential communication and tortious conduct. Often the issues presented expose those involved to criminal and civil liability. Profound issues in those situations exist such as : what confidential communications with the clergy or staff can be shared and with who. Further, there may be reporting requirements where if the suspected abuse or crime is not reported a crime is being committed by that clergy or staff member. The clergy penitent privilege, counseling privilege or others may prohibit the church clergy or staff from testifying in a civil or criminal case.

Unfortunately churches sometimes have difficulties which result in disputes among its membership and cause their governance to be fractured. The church may be in conflict with the hierachial organization. These conflicts may require precise legal assistance from the Civil Courts, taking into account the restrictions imposed on Court intervention as has evolved in case law considering the First Amendment protections set forth in the Constitution.

Our firm is available to assist you in establishing your church as a legal entity with all the protections state and federal law affords. We also will come along side and assist churches in those emergent situations where civil or criminal wrong doing is suspected or church conflict requires resolution. We not only will investigate and litigate where necessary, but we also provide mediation and arbitration of disputes within a Christian framework.