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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.

Agenda

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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