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Obligations and Ethical Considerations for Attorneys Serving on Nonprofit Boards

Understand the difference between being a board member and being an attorney rendering legal advice to a nonprofit organization.

Lawyers often serve as board members for nonprofit corporations. In some instances, they are sought out by organizations seeking their input in the form of volunteer professional advice as a means for the nonprofit to reduce administrative expenses and focus funds on programmatic goals. In other cases, the motivation is from the attorney desiring to give back to his or her community, particularly for transactional attorneys who may eagerly choose nonprofit board involvement rather than pro bono court appearances. Despite the best intentions, in the absence of clear expectations, at times, these arrangements may do a disservice to both the organization and the attorney. Nonprofits certainly can benefit from the sound advice and counseling of board members with legal training. This topic will assist attorney board members in understanding their role on the board, including the balance between fiduciary obligations as a board member and professional obligations if representing the organization.

64 minutes
Course Exam
Certificate of Completion
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Why Lorman?

Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

Fiduciary Obligations of All Board Members

Issues Particular to Attorneys Serving on Boards

Representing an Entity While Serving on the Board

  • Ethical Obligations
  • Attorney-Client Relationship
  • Board Procedures for Retention and Determining Compensation

How to Be an Educated Board Member

  • Key Documents for Review
  • Due Diligence Compliance Checks
  • Issue Spotting

Protections Against Liability

  • Statutory Immunities
  • Indemnification Rights: Basic and Enhanced
  • D&O Insurance
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Why Lorman?

Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Course

Applications have not yet been submitted for Delaware, Idaho, Kentucky, Maine, Oklahoma, South Carolina, and Wyoming CLE for this course. However, if you are interested in obtaining CLE for any of the listed states or have any additional credit questions please email us at [email protected] or call us at 866-352-9540.

This course was last revised on June 26, 2023.

Call 1-866-352-9540 for further credit information.

  • AK CLE 1.0 including Ethics 1
     
  • Alaska attorneys may receive 1.0 hours of continuing legal education, including 1.00 hours of ethics credit for completing this program. Please contact the Alaska Bar Association or go to www.alaskabar.org for details regarding reciprocity with other states.
     
  • AL CLE 1.1 including Ethics 1.1
     
  • This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.1 hours' credit, including 1.1 hours of ethics credit.
     
  • AR CLE 1.0 including Ethics 1
     
  • This course has been approved for 1.0 hours of CLE by the Arkansas CLE Board, including 1.00 hours of ethics credit.
     
  • Arizona CLE 1.0 including Ethics 1
     
  • The Arizona State Bar does not pre-approve or pre-certify MCLE programs. However, records of this program and attendance will be maintained by Lorman Education Services for auditing purposes. This activity may qualify for up to 1.0 hours toward your annual CLE requirement for the State Bar of Arizona, including 1.00 hours of professional responsibility.
     
  • CA MCLE 1.0 including Ethics 1
     
  • Lorman Business Center, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.0 CLE hours of participatory credit, of which includes 1.00 hours of ethics credit.
     
  • CT CLE 1.0 including Ethics 1
     
  • Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.0 CLE credit(s) including 1.00 hour(s) of ethics credit.
     
  • FL CLE 1.5 including Ethics 1.5; Business Litigation 1.5
     
  • This course has been approved by The Florida Bar for 1.5 hours of CLE credit, including 1.50 hours of ethics credit. This course has been approved by The Florida Bar Certification Plan in the areas of Business Litigation for 1.50 hours. Course classification: Intermediate level.
     
  • GA CLE 1.0 including Ethics 1
     
  • This program has been approved by the Georgia Commission on Continuing Lawyer Competency for 1.0 CLE hours, including 1.0 ethics hour.
     
  • HI CLE 1.0 including Ethics 1
     
  • This program was approved by the Hawaii State Board of Continuing Legal Education for 1.0 CLE credit hours including 1.00 ethics credit hours.
     
  • IL CLE 1.0 including Legal Ethics 1
     
  • This course was approved for a total of 1.0 hours of MCLE Credit by the Illinois MCLE Board. The Illinois Commission on Professionalism has also approved this course for the following credit: Legal Ethics for 1.00 hour.
     
  • MN CLE 1.0 including Ethics 1
     
  • This program has been approved by the Minnesota Board of Continuing Legal Education for 1.0 hours of credit, including 1.00 hours of ethics credit.
     
  • MS CLE 1.1 including Ethics 1.1
     
  • This program has been approved by the Mississippi Commission on Continuing Legal Education for a maximum of 1.1 credit hours, including 1.1 hours of ethics credit.
     
  • ND CLE 1.0 including Ethics 1
     
  • North Dakota CLE policy does not allow for pre-approval of any self-study courses. This course may qualify for up to 1.0 hours of CLE credit, including 1.00 hours of ethics credit.
     
  • NH MCLE 1.1 including Ethics 1.1
     
  • NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this Ondemand course meets the requirement of NH Supreme Court Rule 53 and may qualify for 64 minutes of ethics credit.
     
  • NM CLE 1.0 including Ethics 1
     
  • This program has been approved by the New Mexico Minimum Continuing Legal Education Board for 1.0 hours of credit, including 1.0 hours of ethics credit.
     
  • NV CLE 1.0 including Ethics 1
     
  • This program has been approved by the Nevada Board of Continuing Legal Education for 1.0 CLE hours, including 1.00 hours of ethics credit.
     
  • NY CLE 1.0 including Ethics and Professionalism 1
     
  • This course has been approved in accordance with the requirements of the New York Continuing Legal Education Board for up to a maximum of 1.0 credit hours in the area(s) of Ethics and Professionalism for 1.00 hour. Each hour may be counted only as satisfying one category of credit. Duplicate credit for the same hour of instruction is not permitted. This course qualifies for credit for established attorneys only. Lorman Business Center, LLC. has a financial hardship guideline. Please contact customer service at 1.866.352.9539 for instructions on how to apply.
     
  • OH CLE 1.0 including Professional Conduct 1
     
  • This course has been approved by the Ohio Supreme Court Commission on Continuing Legal Education for 1.0 CLE credit hours, including Professional Conduct for 1.00 hour. Please note: Not more than twelve (12) hours of self-study CLE credit for any biennial reporting period may be earned by an Attorney or Judge under Regulation 409.2. To fulfill CLE requirements for self-study, web-based programs, you must complete 100% of the polling questions during the program. Your hours will be filed electronically within thirty (30) business days by Lorman Education Services provided you fulfilled 100% attendance and polling questions answered.
     
  • OR CLE 1.0 including Ethics 1
     
  • Approved for 1.0 CLE credits in Oregon, including 1.00 hour of ethics credit.
     
  • PA CLE 1.0 including Ethics 1
     
  • This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.0 hours including 1.00 hours of ethics, professionalism or substance abuse CLE credit.
     
  • RI CLE 1.0 including Ethics 1
     
  • This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.0 hours of CLE credit, including 1.00 hours of ethics credit.
     
  • VA CLE 1.0 including Ethics 1
     
  • This program has been approved by the Virginia Mandatory Continuing Legal Education Board for 1.0 CLE credit hours, including 1.00 hours of ethics credit.
     
  • VT CLE 1.0 including Ethics 1
     
  • This self-study program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.0 hour(s) of CLE credit including 1.00 hour(s) of ethics credit. Please note: Attorneys may only claim 12 credits per compliance period in this format. This course is considered "Non-Moderated Programming without Interactivity".
     
  • WA CLE 1.0 including Ethics 1
     
  • This program has been approved by the Washington State Board of Continuing Legal Education for 1.0 hours of A/V credit, including 1.00 hours of ethics credit.
     
  • WV MCLE 1.3 including Ethics 1.3
     
  • This program has been approved by the West Virginia State Bar MCLE Commission for 1.3 MCLE hours, including 1.3 hours of ethics credit.
     
  • NALA 1.1 including Ethics 1.1
     
  • This program is applicable for continuing legal assistant education credit. Please check with your accrediting board to see if this course will qualify towards your recertification requirements. Program Length: 1.1 hour(s) including 1.10 hour(s) of ethics credit.
     
The CLE Code is ONLY a requirement when applying for CLE Credit in New York. Other states do not need to supply the CLE Code to apply for CLE credit.

To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.

Virginia MCLE requirements do not allow approval for programs that do not include an audio or audiovisual component.

This program was previously offered as a live webinar. Virginia MCLE requirements do not allow approval for attendance at duplicate programs.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

MP3 Download

  • AK CLE 1.0 including Ethics 1
     
  • Arizona CLE 1.0 including Ethics 1
     
  • CA MCLE 1.0 including Ethics 1
     
  • CT CLE 1.0 including Ethics 1
     
  • HI CLE 1.0
     
  • MO CLE 1.3
     
  • NJ CLE 1.3
     
  • NM CLE 1.0
     
  • NY CLE 1.0 including Ethics and Professionalism 1
     
  • VT CLE 1.0
     
  • WA CLE 1.0
     
  • WV MCLE 1.3 including Ethics 1.3
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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Why Lorman?

Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Brett R. Harris, Esq.

Brett R. Harris, Esq.

Wilentz, Goldman & Spitzer, P.A.

  • Business, nonprofit, and technology attorney, shareholder in the Woodbridge, New Jersey office of Wilentz, Goldman & Spitzer, PA
  • Admitted to practice in the states of New Jersey and New York
  • Has a corporate transactional practice, focusing on counseling charities, foundations, and other nonprofits on their exempt status, governance, and compliance, and handles intellectual property and cybersecurity matters
  • Member of the Legal Working Group for the Center for Nonprofits, an umbrella organization for New Jersey 501(c)(3)s providing advocacy, resources, training, and information to strengthen nonprofits and help them thrive
  • Appointed by New Jersey Supreme Court as a Trustee of The IOLTA Fund of the Bar of New Jersey, currently serving as Treasurer
  • Serves on the Board of Trustees of the New Jersey Chapter of the Association of Fundraising Professionals, chairing the Chapter’s Government Relations and Advocacy Committee and is a Member of the Steering Committee for the Nonprofit Forum of Commerce and Industry Association of New Jersey
  • Member of the Board of Trustees of the New Jersey Women Lawyers Association, serving as co-chair of the Grants/Charitable Giving Committee and previously General Counsel to the Association; director and past chair of the Business Law Section of the New Jersey State Bar Association; trustee of the New Jersey State Bar Association Women in the Profession Section; member of the New Jersey State Bar Association’s Bylaws and Resolutions Standing Committee and member of the American Bar Association’s Women Rainmakers Committee
  • J.D. degree, New York University School of Law; B.A. degree, cum laude, Washington and Jefferson College
  • Follow her on LinkedIn, Facebook, and Twitter @BrettHarrisEsq for posts on business and nonprofit matters, technology law, and issues of interest to professional women
  • Can be contacted at [email protected] or 732-855-6122
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Why Lorman?

Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

All of your training, right here at Lorman

All of your training, right here at Lorman.

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Product ID: 410585
Published 2023
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